f 


JM^iMf 


'/--i-v. 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


CODE 


OF  THE 


CITY  OF  SELMA. 


To  wliicli  is  prefixed  Ihe  City  Charter  and  amendments 

thereto. 


Prepared  in  pursuance  to  Order  of  the  City  Council, 


BY 


A.  H.  JACKSON  &  JAMES  W.  LAPSLEY. 


PRINTED  AT  THE  JOB  AND  BOOK  OFFICE  OF  THE  "SELMA  REPORTER." 


•  » 


0 


M.  J.  A.  KEITH,  Mavor 

0 

OoTxnon  TTi  en. 


JOHN  WEEDON,  i    KOBEKT  HALL, 

ISAIAH  MOEGAN,        ;    E.  W.  MAEKS, 
WM.  A.  DUNKLIN;  GEO.  F.  PLANT, 

JAMES  W.  LAPSLEY. 


City  Clerk— JOHN  M.  STRONG. 
Treasurer— WM.  A.  DUNKLIN. 
Marshal—E.  M.  GANTT. 


TABLE  OF  CONTENTS. 


Act  of  Incorporation — Ajiproved  Fe1)niarj  0.  185:i 3 

Act  to  Extf.nd  and  Define  Corporatk  Limits — Approved 
February  21,  18G0 13 

Act  to  Amend  the  Charter  of  the  City  of  Selma-- Ap- 
proved February  24,  1860 1.% 

Act  to  Amend  the  Charter  of  the  City  of  Selma — Ap- 
proved February  0, 1858 30 

CHAPTER  I. 

(reneral  Provisions  applicable  to  this  Code 33 

CHAPTER  TI. 

City  Ofliccrs— Tlieir  Electien.  Duties  nnd  C'oiupeiisatlon. 

Article  1st.     Elections 34- 

Art.  2Hd.     Mayor 3(5 

Art.  3rd.     City  Council 37 

Art.  4th.     Clerk 37 

Art.  5th.     Treasurer 39 

Art  6th.     Marshal 40 

Art.  7th.     Attorney 41 

Art.  Stlj .     Printer.' 42 

Art.  6th.     Removals  from  office 43 

Art.  10th.     Fees 43 

CHAPTER  IH. 

Fln&nriMl  and  Commercial  Regulations. 

Art.  1st.     Taxes 45 

Art.  2nd.     Licenses  and  Licensed  occupations 52 

Art.  3rd.     Market  rejjulations , .5(j 

Art.  4th.     AVeights  and  Measures 57 

CHAPTER  IV. 

iiilreeta  and   Side-Walk*. 

Art.  Ist.     Regulations  for  keeping  up  and  changing  streets 

and  alleys 59 


rv  CONTENTS. 

Art.  2iid.     Side- Walks 01 

Aet.  3rd.     Obstructions   and    other  offences   relating  to 

streets,  alleys  and  side-walks 62 

CHAPTER  Y. 

Police  aitd  Sanitary  Regulations. 

Art.  1st.     Police,  Patrol  and  City  Prison 68 

Art.  2nd.     Slaves  and  Free  Negroes 70 

Art.  3rd.     Hospital,  Board  of  Health  and  Infection 75 

Art.  4th.     Mortuary  Reports,  Sexton  and  Cemetery 81 

Art.  5tli.     Steamboats,  River  and  River  Bank " 83 

CHAPTER  VI. 

Fires  and  Regulations  for  Prevention  tliereof. 

Art.  1st.     Fire  Department ^ 84 

Art.  2nd.     Fire  Limits 88 

Art.  3rd.     Duties  of  officers  and  citizens  at  fires. 88 

Art.  4th.     Regulations  to  prevent  fires 89 

CHAPTER  VII. 

Miscellaneous  offences 91 

CHAPTER  Vm. 

City  Court  and  its  Ineidtuts. 

Art.  1st.     Arrests 97 

Art.  2nd.     Trial  of  oftenders 98 

Art.  3rd,     Collection  of  fines  and  forfeitures 99 


ACT  OF  INCOliPORATION 


A  N  D 


AMENDMENTS  THERETO. 


./lN   A.CT 

To  Incorporate  the  City  of  Selma. 

Section  1.  Be  it  enacted  hy  the  Senate  and  Iloune  of 
Representatives  of  the  State  (tf  A/ahania  in,  General 
A><semhh/  cnvt  /ted — 

That  llic  town  of  Sclina,  in  said  State,  ^luiU  here-  Nmne 
after  be  called  ''  The  City  of  Sehna  ;"  and  the  said 
city  shall  embrace  and  include  within  its  corporate  Limits, 
limits  under  this  act,  all  the  tracts,  lots  and  parcels  of 
land  which  are  embraced  ■within  the  limits  of  the  said 
town  of  Selma  as  now  constituted  ;  and  the  present 
and  future  inhabitants  of  said  city  as  by  this  act  in- 
cor])orated  slia.l  be  and  they  are  by  this  act  made  and 
constituted  a  body  corporate  and  j)olitic  under  the 
name  and  style  of  ''  The  City  of  Selma  ;''   imder  and  corporate 

''  •'  ^  jiiirnn  and 

by  which  name  and  style,  and  actini;-  by  and  thnnigh  •'^'yi''- 
the  proper  oHicers  of  said  incorj)<)ration  hereafter  to 
be  dcsi<xnatcd,  all  the  corporate  powers  and  ])ri\"ileii,\'s 
of  said  city  l)y  this  act  L>ranted  sliall  l)e  I'.xc  cuted  and 
carried  into  eliect  as  retjuired  ;  and  under  its  corpor- 
ate uame  aforesaid  the  !>aid  city  incorporation  sliall  Powors  and 
sue  and  lie  sued,  ]dead  and  be  imj)leade(l,  answer  and 
be  answered  unto ;  and  may  i)urchase,  receive  and 
hold,  and  sell,  grant,  alien  and  assure  or  U^t  jiroperty, 
real  and  personal,  nuiy  have  and  use  a  common  seal 


4  CHARTEE   OF  THE  CITY  OF  SELMA* 

which  may  be  changed  at  pleasure,  and  may  do  and 
perform  all  acts  incident  to  such  corporations  not  in- 
consistent -svith  tlic  laws  of  the  State  ;  the  jurisdiction 
of  said  incorporatiuji  shall  extend  over  and  include 
not  only  the  territory  now  constitutini^-  the  town  of 
Selma,  but  shall  be  and  the  same  is  by  this  act  ex- 
tended over  and  shall  include  the  Alabama  river 
opposite  to  and  running  l)y  said  town, 
style  of  gov-     Sec.  2,  Beit  further  enacted.  That  the  ii'overnnient 

ernmentof      »        .  -,  ,  i 

city.  of  said  city  shall  be  styled  "The  City  Council  of 

Selma,"  and  shall  consist  of  a  chief  officer,  to  be 
styled  "Mayor  of  the  City  of  Selma,"  and  five  com- 
mon councilmen,  each  to  bo  elected  by  the  legal 
voters  of  the  city ;  the  person  receiving  the  highest 
number  of  legal  votes  for  the  office  of  mayor  will  be 
elected  mayor,  and  the  live  ^lersons  receiving  the 
highest  number  of  legal  votes  for  councilmen  will  be 
elected  councilmen;  every  citizen  of  said  city  who 
would  be  a  legal  voter  at  an  election  for  members  of 
the  legislature  will  be  a  legal  voter  at  such  elections 
for  mayor  and  councilmen  :  Promded^  lie  shall  have 
been  actually  or  legally  a  resident  of  said  city  for  six 
months  next  preceding  the  election  and  not  otherwise. 

Election  of  Sec.  3.  Bc  it  furtJiei'  enacted .,  That  the  election  of 
mayor  and  councilmen  of  said  city  shall  be  held  an- 
nually ;  but  the  mayor  and  councilmen  for  the  time 
being  shall  continue  in  office  until  their  successors  are 
duly  chosen  and  qualiiicd  ;  and  after  the  lirst  election 
under  this  charter  the  time  and  place  of  each  suc- 
ceeding election  shall  be  determined  by  the  said  city 
council ;  and  said  council  shall  a])point  managers  of 
the  elections,  to  consist  of  such  number  of  persons  as 
may  be  deemed  expedient ;  and  said  city  council 
shall  have  power  to  prescrilje  the  mode  in  which  all 
elections  shall  be  conducted,  the  mode  of  returning 
and  counting  the  votes,  the  votes  to  be  returned  to 
the  existing  mayor,  and  by  him  laid  before  the  city 
council  to  be  examined  and  counted ;  the  said  city 
council  shall  be  the  judges  of  all  elections,  and  shall 
have  full  power  to  determine  all  matters  in  relation 


CIIAETER   OF   THE    CITY    OF    SELMA. 

to  all  elections,  as  m'oII  as  to  the  mode  of  condnctiiie; 
elections  as  to  the  lep^ality  of  voters;  and  in  the  count 
sliall  reject  all  illeg-al  votes,  and  connt  such  only  as 
arc  lep^al ;  in  tlie  event  tliat  two  or  more  j^ersons 
slionld  have  an  e<|nal  nnmher  of  lei!:al  votes  for  the 
office  of  mayor,  the  common  conncilmen  for  the  time 
hein<ij  duly  qnalilied  and  actinij:,  or  a  majority  of 
them,  shall  determine  ■which  of  said  persons  shall  be 
mayor;  and  in  case  of  a  tie  vote  in  the  election  of 
conncilmen,  the  mayor  tVir  the  time  heinc;  and  a 
majority  of  the  conncilmen  qnalitied  and  acting  and 
,not  interested  in  the  decision  to  be  n^ade,  shall  deter- 
mine which  of  til©  ]>ersons  having  the  tie  vote  shall 
have  the  office;  in  case  a  vacancy  shonld  occur  in  the 
office  of  mayor,  exce})t  by  the  expiration  of  tlie  term 
for  which  last  mayor  was  elected,  snch  vacancy  shall 
1)e  tilled  by  tlio  conncilmen;  and  in  case  of  any 
vacancy  in  the  office  of  conncihnen,  except  by  expi- 
ration of  the  term,  snch  vacancy  or  vacancies  sliall 
be  tilled  by  the  mayor  and  conncilmen  who  may  be 
acting. 

Sec.  4.  Be  U  fiiiiJi<  r  i udded^  That  the  first  elec- i.«t  ciodi 
tion  for  mayor  and  conncilmen  under  this  charter 
shall  be  held  under  the  direction  and  suj^ervision  of 
the  intcndant  and  council  of  the  town  of  Selma  hold- 
ing office  at  the  time  of  the  ratilication  and  accep- 
tance of  this  charter  as  hereinafter  provided  for  ;  and 
said  intcndant  and  council  shall  prescribe  the  time 
and  place  and  mode  of  such  first  election,  and  shall 
be  judges  thereof;  and  a  certificate  shall  be  made 
and  ])reserved  showing  the  number  of  legal  votes 
polled  Ibr  the  diU'erent  offices,  and  showing  what  per- 
son received  the  highest  number  of  legal  votes  for 
the  office  of  mayor,  and  tlie  live  persons  Avho  received 
the  highest  number  of  legal  votes  for  conncilmen; 
and  in  case  of  a  tie  vote  either  for  mayor  or  council- 
men,  the  intendant  aiul  council  of  said  town,  or  such 
of  them  as  may  not  be  interested  in  the  question, 
shall  determine  who  shall  l)c  mayor  and  who  sliall  be 
councilmeii,  as  the  case  may  be ;  all  elections  for 


b  OIIAETER    OF   THE    CITY    OF    J;KI,]\IA. 

mayor  and  councilnieii  under  this  act  shall  be  by 
l)allot;  no  person  shall  be  eiigililo  to  the  ofiicc  of 
mayor  or  conncilmen  unless  in  addition  to  being  a 
qualitied  voter  for  these  offices,  he  shall  have  resided  - 
in  said  town  or  city  one  year  next  jireceding  the 
election. 
Ortthof  Sec.  5,  Beit  fHrthcr  enacted.  That  the  mayor  and 

office,  _  "  ^  ,   •  .  »  ,   . 

each  councilman,  before  entering  on  the  duties  ot  his 
office,  shall  make  and  subscribe  an  affidavit  that  he 
will  faithfully  and  to  the  best  of  his  skill  and  judg.- 
ment  ]^erform  the  duties  of  the  office  of  mayor  oM^- 
councilman  (as  the  case  may  be)  without  favor  o^ 
])artiality,  which  affidavit  shall  be  tiled  in  the  office 
of  the  clerk  of  said  city. 
Gencrni  gjjg,  g.  ]]q  {t  furtlwr  emicted.  That  the  said  citv 

powers  of  '  _  .  " 

board.  couucil  sliall  liavc  full  power  and  authority  to  pass 
all  such  by-laws  as  may  be  deemed  necessary  and 
proper  for  its  (^^\n  government  not  inconsistent  with 
the  laws  of  the  state,  and  the  same  to  alter  or  repeal 
at  pleasure  ;  and  shall  have  full  power  and  authority 
to  pass  and  enforce  all  ordinances  deemed  necessary 
and  proper  to  prevent  contagious  or  infectious  dis- 
eases from  being  introduced  or  kept  in  said  city,  and 
to  preserve  the  health  of  its  inhabitants;  to  prevent 
and  remove  all  nuisances  at  the  expense  of  the  person 
causing  such  ]iuisances,  or  upon  whose  property  it 
may  be  lound ;  to  license,  tax,  regulate  or  restrain 
all  shows  and  theatrical  amusejuents  ;  to  prohibit  and 
suppress  gaming  and  gaming-houses  and  houses  of  ill- 
fame  within  said  city,  and  all  things  pernicious  to  the 
morals  and  good  order  of  society  within  said  city ;  to 
establish  night  watches  and  day  watches  and  patrols, 
and  to  appoint  leaders  and  captains  thereof;  to  make, 
alter  and  ascertain  new  streets  and  alleys  ;  to  clear 
and  keep  in  repair  tlie  streets  and  alleys  ;f  to  regulate 
the  stationing,  mooring  and  anchorage  of  steamboats 
and  other  boats  and  craft  within  their  jurisdiction  ;  ''^ 
to  establish  iiecese«,ry  inspections ;  to  erect  and  regii-' 
late  markets  ^nd  the  assizo  of  broad ;  to  regulate  the 
Rftlcs  ^  anotipns  m-^  to  appoint  auctioneers ;  Prq^ 


CHARTER    OF   THE   ("TTY    OF   RETAtJl.  7 

mded.  The  same  shall  not  extend  to  sales  iinder  ex- 
ecution l)j  order  of  court  or  hy  executors  or  adminis- 
trators ;  to  erect  puhlic  scale-houses  with  proper 
scales,  weiu'htsand  measuvos,  and  to  a]ip<»int  "weighers 
and  measurers  to  weigh  and  mcasim'  in  case  of  dis- 
agreement betM'een  huyer  and  seller;  to  license  and 
regulate  wagons,  carts  and  di-avs,  and  hacks  and  car- 
riages running  fmm  one  part  of  the  said  city  to 
another  jiart  for  hire  j/and  generally  to  pass  such  by- 
laws and  ordinance?;  Viot  contrary  to  the  constitution 
and  laws  of  this  State  and  the  United  States  as  said 
city  council  shall  from  time  to  time  deem  necessary 
and  proper  to  carry  into  elfect  the  true  intent  and 
meaning  of  this  act,  and  fho  same  to  enforce,  alter 
and  repeal ;  ?the  said  city  council  shall  have  ]iower  to 
ap]ioint  ana  remove  at  pleasure  a  clerk,  treasurer  and 
such  uumher  of  marshalls  and  other  ollleers  as  they 
may  deem  necessai'v  and  }iro])er,  ami  to  recpiire  such 
hond  and  security  as  they  may  deem  necessary,  and 
to  annex  sncii  fees  and  salaries  to  tlieir  several  offices, 
and  to  impose  such  lines  for  neglect  of  duty  in  office, 
not  exceeding  one  hundred  dollars,  as  they  may  deem 
necessary;  the  said  city  council  are  also  empowered 
to  lay  sucli  lines,  not  exceeding  fifty  dollars,  for 
breach  oi*  breaches  of  their  by-laws  and  ordinances 
as  they  may  deem  proper,  and  to  enforce  and  collect 
the  same  in  such  manner  as  may  be  prescribed  by 
ordinance,  by  execution  against  the  j)erson  or  prop-  _ 
erty,  or  committing  to  jail,  as  they  may  deem  neces- 
sary or  proper  ;  which  fines  shall  be  appropriated  in 
such  manner  as  the  said  city  council  may  prescribe. 

Sec.  7.  Be  Hfarther  ciiactcd^  That  the  said  city  M«y  ooiioct 
council  shall  liavc  power  and  authority  annually  to  ^^'^' 
assess,  levy  and  collect  a  tax  not  exceeding  one  ])er 
centum  uj)on  all  real  estate  in  said  city,  a  ])(»11  tax 
not  exceeding  two  dollars  on  each  white  male  iidiabi- 
tant  above  twenty -one  years  of  age  :  Prov)<h(K  Pie 
ishall  have  resided  in  said  city  two  months  immedi- 
fttoly  preceding  the  time  paid  t^x  shall  bo  levied  ;  on 
pfveh  s]ftvo  qyqp  tpn  and  ^n4or  fifty  yt^flrs  of  pge,  not 


8  CHARTER   OK   TTTE   CITY    OF   SELMA. 

exceeding-  one  dollar  ;  on  every  free  negro  or  mulatto 
who  shall  reside  in  said  city,  not  exceeding  iive  dol- 
lars ;  a  tax  on  all  pleasure  carriages,  gigs,  chairs  and 
sulkies,  and  saddle,  buggy  or  carriage  horses,  not  ex- 
ceeding one  per  cent,  on  the  value  thereof;  on  every 
cart,  dray,  wagon  or  other  vehicle  used  for  the  trans- 
portation of  goods  and  commodities  from  one  part  of 
said  city  to  another  for  hire,  a  tax  not  exceeding 
tvf enty  dollars  ;  on  every  retailer  of  spirituous  liquors, 
a  tax  not  less  than  forty  nor  more  than  five  liundred 
dollars ;  on  every  vender  of  goods,  wares  and  mer- 
chandise, drugs  and  medicines,  or  either  of  them,  a 
tax  not  exceeding  twenty-iive  dollars  per  annum;  on 
all  goods  sold  at  auction,  a  tax  not  exceeding  one  per 
cent,  on  amount  of  sales,  or  not  exceeding  fifty  dollars 
per  annum. 
Powers  con-  Sec.  8.  Be  H  farther  enacted,  That  the  said  city 
mnyor  and  couucil  or  the  mayor  and  each  councilman,  rcspec- 
councihnen  ^^^^^^^^^  ^^^^^  ^^^^^^^^  ^^j^.^||  |^q  ^^^^^  ^i^^^.  .^^.q  jiereby  ^'csted 

ex  officio  with  and  may  exercise  in  said  city  all  the 
powers  and  authority  tliat  belong  to  justices  of  the 
peace  by- the  laws  of  this  State ;  and  the  said  marshall 
shall  be  ex  officio  a  constable,  and  be  vested  with  and 
exercise  all  the  powers  and  authority  of  other  con- 
stables of  this  State ;  and  the  said  mayor,  councilnien 
and  marshall  shall  respectively  be  lial)le  to  the  same 
penalties  and  restrictions  as  are  imposed  by  the  la\vs 
of  this  State  upon  the  several  offices  with  which  they 
are  invested;  and  the  sheriff  of  the  county  of  Dallas 
and  all  ministerial  officers  shall  ol)ey  the  mandates  of 
the  said  city  council  or  mayor  ov  councilmen,  and 
truly  and  faithfully  execute  the  warrants  and  pro- 
cesses committed  to  them  for  service  according  to  the 
mandate;  audit  is  made  the  duty  of  tlie  jailor  of 
said  county  to  receive  all  persons  committed  by  war- 
rants of  the  said  mayor  or  councilnien  or  city  coun- 
cil, and  the  person  or  persons  so  committed  safely  to 
keep  confined  in  close  jail  till  delivered  therefrom  by 
due  course  of  law. 
Sec.  9.  Be  it  farther  enacted^  That  should  the  elec- 


CHARTER  OF  Tllli;  CITY   OF  SELMA.  9 

tioii  liot  take  place  on  tlio  day  fixed  for  the  animal  Election 

1        .  .  1  .,  1  may  be  held 

election  ot  mayor  ana  common  conncilmcn,  the  cor- 
poration shall  not  lor  that  cause  be  dissolved,  bnt  the 
incumbents  shall  rcMiiaiii  in  otKce  until  their  succes- 
sors shall  be  elected  and  (|uali1ied;  and  it  shall  be  the 
duty  of  the  city  couneil  to  lix  son\e  other  day  as  early 
as  convenient  within  one  nKnith  therealtcr,  on  wliich 
day  the  said  election  shall  be  held. 

Sec.  10.  JiC  'd  further  cinided^  That  the  said  in-Kxpinpiion 
habitants  of  said  city  shall  be  exempted  from  Avork- tnnt" !" " 
ing  on  roads  and  highways  out  of  said  city  and  IVom 
patrol  duty,  bnt  the  streets  and  highways  in  said  city 
shall  be  kept  in  re])air  by  said  city ;  and  all  male 
citizens  over  eighteen  and  under  the  age  of  lorty-tive 
years  shall  be  liable  to  patrol  duty  and  to  serve  as 
guards  or  watch  at  such  times  and  in  such  nnnd)er  as 
may  be  prescribed  by  the  said  city  council. 

Sec.  11.  Be  it  further  enacted^  That  all  proj)erty,  rropirty 
claims  and  demands  of  whatsoever  description  be- an'" vosu^a. 
longing  to  the  town  of  Selma  shall  be  vested  in  tlic 
city  of  Selma:  and  all  debts,  contracts  and  liabilities 
owing  or  incurred  by  said  town  shall  be  good  and  en- 
forced against  said  city ;  and  the  corj)oration  of  said 
town  tehall  and  may  sul)sist  as  long  as  necessary  for 
enforcing  and  collecting  all  claims  and  dues,  or  the 
same  may  be  enforced  and  collected  by  said  city. 

Sec.  13.  Bo  it  further  enacted,  That  it  shall  be  the  powois  oi 
duty  of  the  mayor  to  preside  and  keej)  order  at  all'"'^*"^' 
meetings  of  the  mayor  and  conncilmcn ;  he  shall  call 
meetings  of  tlie  councilmen  whenever  in  his  opinion 
the  interest  of  the  said  city  may  re(|uire  it ;  he  shall 
keep  an  office  in  said  city  and  hear  and  determine 
upon  all  causes  for  breach  of  the  ordinances  and  by- 
laws, and  shall  receive  such  fees  and  salary  as  may 
be  prescribed  1)y  the  city  council;  in  the  aljsence  or 
inability  of  the  inayor,  the  councilmen  AvaW  a]i]itiint 
one  of  their  own  nundjcr  mayor  pro  itiiijxin,  who 
shall  discharge  the  duties  of  mayor  till  the  mayor  re- 
turns or  his  inability  is  removed;  each  of  the  coun- 
cilmen mav  also  hear  and  determine  causes  lor  breach' 
1 


10  CHARTER  OF  THE  CTTY   OF  SELMA. 

of  the  by-laws  and  ordinances ;  two  councilmen  may 
call  a  meeting ;  the  mayor  and  three  councilmen  or 
four  councilmen  shall  form  a  quorum  for  all  business 
Of  assess-  Sec.  13.  Bo  it  farther  euactcd^  That  the  said  city 
taxes.  council  may  cause  an  assessment  of  taxes  to  be  made 
in  each  and  every  year  by  some  proper  and  ht  pei'son 
or  persons  ;  the  assessment  naming  the  person  liable 
to  such  taxes  when  known,  and  specifying  the  prop- 
erty when  the  owner  is  not  known,  which  assessment 
shall  be  returned  to  the  mayor  to  bo  laid  before  the 
city  council ;  and  the  mayor  shall  cause  at  least  ten 
days  public  notice  that  assessment  has  been  made  and 
the  time  when  the  city  council  will  proceed  to  hear 
and  determine  upon  all  complaints  which  may  be 
made  against  such  assessment ;  and  it  shall  be  their 
duty  to  correct  errors  and  supply  omissions  or  detici- 
ences ;  and  when  the  same  has  been  passed  upon  by 
said  mayor  and  councilmen  the  said  assessment,  when 
certified  by  the  mayor,  shall  have  the  force  and  effect 
of  a  judgment  and  execution,  and  may  be  collected 
by  levy  and  sale  of  property,  on  giving  such  notice 
as  is  required  by  law  on  executions  from  the  circuit 
court ;  and  where  "  no  ]3roperty  to  be  found  "  is  re- 
turned upon  said  assessment  the  mayor  may  issue  a 
capia.'i  ad  ^atinfaclendurn.,  and  all  sales  of  projjerty 
made  under  or  by  virtue  of  such  assessment  shall 
convey  to  the  purchaser  the  same  title  as  if  sold  by 
execution  from  the  circuit  court ;  and  the  collector  of 
said  city  shall  in  case  of  sale  of  real  estate  give  the 
purchaser  a  deed  of  conveyance,  which  shall  vest  in 
the  purchaser  the  same  interest  that  the  person  had 
against  whom  such  tax  was  assessed  at  the  time  of 
such  assessment,  and  where  the  ownci  is  not  known, 
the  entire  equitaljle  and  legal  interest  in  such  real 
estate  discharged  of  all  liens :  Provided,  That  where 
a  tax  is  assessed  upon  property  the  owners  of  which 
are  unknown,  ninety  days'  notice  of  the  sale  specify- 
ing the  property  and  the  tax  shall  be  given  in  some 
newspaper  printed  in  said  city  :  And  provided,  That 
the  owner  of  any  real  estate  sold  lor  taxes  shall  have 


CHARTER   OF  THE   CITY   OF   8ELMA.  11 

the  right  to  redeem  by  payhig  trel)le  the  aniount  of 
the  tax,  together  with  all  costs  and  charges,  within 
twelve  months  from  the  day  of  sale  :  And  promded 
further.,  That  the  duties  required  of  said  city  council, 
except  giving  notice  and  issuing  capias  ad  satisfaci- 
endum^ may  be  devolved  upon  a  board  of  assessors ; 
and  the  assessments  approved  by  them  shall  have  the 
same  force  and  effect  as  if  a})proved  by  the  mayor 
and  councilmcn. 

Sec.  14.  B^  it  farther  aiacted,  That  retailers  of  or  retailers, 
spirituous  liquors  who  may  i)rocure  a  license  from 
said  city  council  of  Selma  shall  be  exonerated  from 
paying  anything  to  the  county  of  Dallas  for  the  privi- 
lege of  retailing  in  the  city  aforesaid. 

Sec.  15.  jBc  it  further  enacted,  That  the  said  city  powcr  over 
council  of  Selma  shall  have  full  power  and  authority 
to  make,  ordain  and  enact  such  laws  and  regulations 
(not  contrary  to  the  constitution  and  laws  of  this  State) 
as  may  be  deemed  necessary  in  relation  to  the  street; 
and  highways,  public  buildings  and  powder  magazin 
and  every  other  matter  and  thing  which  they  may 
deem  necessary  for  the  good  order  and  welfare  of  said 
city. 

Sec.  10.  Be  it  farther  enacted,  That  all  the  ordi-  ordinances 
nances  and  regulations  of  the  "iutendant  and  council  iu  force, 
of  the  town  of  Selma"  heretofore  made  and  not  con- 
trary to  the  constitution  and  laws  of  this  State  shall 
be  applicable  to  said  "city  council  of  Selma,"  and 
shall  remain  in  full  force  imtil  repealed  or  altered  by 
said  city  council  of  Selma. 

Sec.  17.  Be  it  farther  enacted,  That  the  said  city  Powor  over 
council  shall  be  and  is  hereby  empowerd  in  addition  of  wooden 

-  .  buildingB. 

to  the  ])owers  already  conicrred  by  this  act  to  pass 
ordinances  or  by-laws  to  regulate  or  prevent  the  erec- 
tion of  wooden  buildings  in  such  parts  of  said  city  as 
in  the  opinion  of  said  city  council  the  puUic  good 
may  require,  and  pass  ordinances  for  the  puil^hment 
of  such  as  may  injure  or  deface  the  public  buildings  ^^ 
or  grounds. 

Sec.  18.  Bo  it  farther  enacted,  That  tlie  said  city 
o 


12 


OHARTEK  01*    THE   CITY   OF   SELMA. 


May  sub- 
scribe for 
stock  in 
railroad. 


May  issue 
bonds. 


May  close 
streets. 


council  shall  be  and  they  are  hereby  invested  with 
full  power  and  authority  to  subscril)e  for  and  on  be- 
half of  said  city,  to  the  capital  stock  of  any  railroad 
or  plankroad  leading  to  or  from  said  city,  and  to 
pledge  the  faith  and  credit  of  said  city  for  the  pay- 
ment thereof,  for  such  an  amount  as  the  said  city 
council  may  deem  best,  not  exceeding  one  hundred 
thousand  dollars ;  and  to  provide  for  the  payment  of 
such  subscriptions  the  said  cily  council  may  and  they 
are  hereby  empowered  to  issue  bonds  on  the  faith 
and  credit  and  in  the  name  of  said  city,  in  such  form 
as  the  city  council  may  prescribe,  and  for  an  amount 
not  exceeding  such  subscriptions,  bearing  interest  not 
exceeding  the  rate  of  eight  per  centum  per  anmim; 
and  for  the  payment  of  such  bonds  and  the  interest, 
may  mortgage  or  pledge  in  such  other  manner  as  the 
city  council  may  deem  best  all  the  property  owned 
by  said  city  real  or  personal  and  may  also  pledge 
such  amount  of  taxes  as  the  city  council  may  think 
proper  and  have  the  power  to  levy  under  this  act  of 
incorporation. 

Sec.  19.  Be  it  farther  enacted^  That  said  city  coun- 
cil shall  be  and  are  hereby  invested  with  power  and 
authority  to  close  any  street  or  part  of  any  street 
which  in  the  judgment  of  the  council  may  be  closed 
without  detriment  or  inconvenience  to  the  public, 
and  may  make  such  disposition  of  such  streets  or 
parts  of  streets  so  closed  as  in  the  judgment  of  the 
council  may  be  best  and  most  advantageous  for  the 
interest  of  the  city ;  and  the  said  city  council  is  also 
invested  with  the  same  power  and  authority  and  dis- 
cretion in  relation  to  the  disposition  of  all  property 
real  and  personal  belonging  to  the  said  city,  or  which 
may  hereaftcivbe  owned  l)y  said  city ;  all  ])roperty 
and  right*  of  whatsoever  description  belonging  to  the 
said  town  of  Selma,  or  which  may  belong  to  the  said 
town  of*'Selma,  or  which  may  belong  to  the  said 
tow]i  at  the  time  of  the  ratification  of  this  act,  as 
hereinafter  provided,  shall  be  and  the  same  is  by  this 
act  Vested  in  the  said  city. 


TO   EXTEND   AND   DEFINE   CORPORATE   LIMITS.  13 

\ 

^''"'^      Sec  20.  Be  U  further  enacted,  Tliat  tliis  act  shall  This n,-f 
not  go  into  effect  or  l)e  in  force  until  accei)te(l  andifledby  tiu. 
ratified  by  a  maiority  of  all  the  legal  voters  of  said 
tewTT  of  Selnia,  hnt  whenever  so  ratified  shall  liave 
full  force  and  effect  according  to  its  provisions :  to  ' 

ascertain  the  sense  of  the  legal  voters  of  said  ^mm,  --'*-^ 
the  i»ten<laiit  and  council  of  said  Asawrmav  cause  a 
vote  to  be  taken  whenever  and  in  such  manner  as  the 
said  intendant  and  council  may  prescribe  :  Provided, 
'  j;iThat  at  least  thirty  days  notice  of  the  time  and  place 
when  and  whei-e  said  vote  will  be  taken  shall  be 

given  by  said  iyj Hflit  by  advertisement  published 

in  one  or  more  ne\vs})apers  in  said^fiMpff ;  and  every 
citizen  of  said-*tii*  who  would  be  competent  to  vote 
at  an  election  il»r  members  of  the  legislature  shall 
have  the  privilege  of  casting  his  vote  in  ascertaining 
the  sense  of  the  inhabitants  of  said  Ji0||te  as  to  the 
ratification  and  acceptance  of  this  charter;  and  if, 
when  the  vote  shall  have  been  taken  after  the  ffivin<r 
of  this  notice  by  advertisement  as  aforesaid,  it  shall 
appear  that  a  majority  of  the  legal  voters  of  said 
town  have  voted  for  the  acceptance  and  ratification 
of  this  charter  the  same  shall  then  and  from  thence- 
forth be  in  full  force. 

Sec.  21.  And  he  it  further  enacted^  That  all  lawsRciicais 
and  parts  of  laws  which  may  contravene  any  of  the 
provisions  of  this  act  shall  be  and  the  same  are  hereby 
repealed. 

Approved,  February  9, 1852. 

[Pemphlet  Acts,  '51-2,2?.  205. 


.AN    A.CT 

To  Extend  and  Define  the  Corporate  Limits  of 
the  City  of  Selma. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representaiives  of  the  State  of  Alabama  in  General 
Asseinhly  convened-^ 


14  TO   EXTEND   AND  DEFINE   COKPORATE   LIMITS, 

Boundaries,  of  Selma,  ill  tliG  coiinty  of  Dallas,  shall  be  and  the 
same  are  hereby  designated  and  established  as  follows : 
That  is  to  say,  commencing  on  the  sontli  bank  of  the 
Alabama  river,  directly  opposite  the  month  of  the 
creek  called  and  known  as  Beach  creek,  where  said 
creek  empties  into  the  Alabama  river ;  thence  west- 
wardly  along  the  southern  margin  or  bank  of  the  Ala- 
bama river  to  a  point  opposite  the  mouth  of  the 
creek,  called  and  known  as  Yalley  creek,  wliere  said 
Yalley  creek  empties  into  the  Alabama  river ;  thence 
directly  across  said  river  to  the  mouth  of  said  Yalley 
creek ;  thence  northwardly  along  the  eastern  margin 
of  said  Yalley  creek  with  its  meanderings  to  within 
twenty-five  feet  of  the  centre  of  the  Alabama  and 
Mississippi  Kiver  Kailroad ;  thence  eastwardly  within 
twenty  fi^ve  feet  of  the  centre  of  said  railroad,  and 
parallel  therewitli,  until  until  said  railroad  intersects 
the  northern  margin  of  the  street,  in  said  city,  called 
and  knoAvn  as  Korth  street ;  continuing  thence  east- 
wardly until  reaching  the  eastern  Ijoundary  of  a 
street  as  marked  and  laid  out  on  a  map  of  the  subdi- 
vision of  the  tract  of  land  known  as  the  Shearer 
tract,  formerly  belonging  to  the  estate  of  Gilbert 
Shearer,  deceased,  which  street  is  called  and  designa- 
ted on  said  map  as street,  said  map  having  been 

Judge  of  deposited  in  the  office  of  the  Judge  of  the  Probate  of 
Dallas  county  for  record,  the  street  last  named  being 
the  most  eastern  street  laid  out  on  said  Shearer  tract, 
and  designated  in  said  map;  thence  southwardly 
along  and  following  the  western  edge  or  margin,  as 
nearly  as  may  be,  of  a  reservoir,  natural  water  drain, 
until  it  reaches  the  said  creek  called  Beach  creek ; 
thence  along  the  western  margin  or  bank  of  said 
branch  creek  to  the  Alal)ama  river;  and  thence 
directly  across  said  river  southwardly  to  the  place  of 
commencement. 

Ordinance.-.  Sec.  2.  Be  U  further  enacted^  That  the  charter  of 
said  city  of  Selma,  and  the  laws  or  ordinances  passed 
and  to  be  passed  in  accordance  therewith,  shall  be 
applicable  to  and  extend  over  the  area  and  territory 


AMENDisrENT.  15 

embraced  within  tlie  limits  and  honudaries  of  said 
city  as  by  tliis  act  delined  and  estaldished. 

Sec.  3.  Be  it  further  enacted.  That  no  portion  ofTn^es. 
the  hmds  or  personal  property  or  persons  to  lie  bronglit 
within  the  corporate  limits  of  said  city  by  force  of 
this  act,  shall  be  taxed  or  liable  for  any  debt  or  obli- 
gation of  said  city,  created  prior  to  the  year  eighteen 
liundred  and  sixty. 

Approved,  Fcbrnary  21,  18G0. 

\Pamijl\let  Acts,  '60-1, ;>.  377. 


<?  A.  N    A.  O  T 

To  Amend  the  Charter  of  the  City  of  Selma. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
JRepresentati'ves  of  the  State  of  Ahihama  in  Gen- 
eral Assemhly  convened — 

That  the  Act  entitled  An  Act  to  incorporate  the 
city  of  Selma,  a})proved  Febrnary  9th,  1852,  be  and 
the  same  is  by  this  act  altered  and  amended  as  here- 
inafter s])ecilied  and  enacted. 

Sec.  2.  Andhe  it  further  enacteel^  That  the  number  Nnmiipr  or 
of  councilmen  of  said  city  of  Selma,  shall  be,  and  the  increased. 
same  is  hereby  increased  from  live  to  seven  to  take 
effect  at  and  after  the  next  election  of  conncilmen ; 
that  at  the  next  and  all  snbseqncnt  elections  of  coun- 
cilmen for  said  city,  seven  councilmen  shall  be  elect- 
ed in  the  manner  provided  for  the  election  of  council- 
men  under  the  provisions  of  the  act  aforesaid,  hereby 
amended,  and  the  act  entitled  "An  Act  to  amend  the 
charter  of  the  city  of  Selma,"  approved  February 
8th,  1858 :  Provided,  and  it  is  hereby  enacted  that  Prori.ied. 
the  mayor  and  councilmen  of  said  city  shall  hereafter 
be  elected  for  two  years,  and  shall  hold  their  offices 
for  two  years,  or  until  the  election  and  (pialilication 
of  their  successors,  and  elections  for  mayor  and  coun- 
cilmen shall  .after  the  next  election  of  said  ofhcers  be 
made  bieimially,  instead  of  annually,  as  heretofore,  the 
time  and  jilacc  of  said  elections  to  be  appointed,  and 


16  AMENDMENT. 

the  elections  to  be  managed  and  conducted  as  author- 
ized by  and  under  the  provisions  of  tlie  acts  aforesaid. 
Quorum.         Sec.  3.  A^id  he  it  further  enacted,  That  after  the 
next  election  of  mayor  and  councilmen  of  said  city, 
it  shall  require  at  least  four  councilmen  in  conjunc- 
tion with  the  mayor  or  2>7Y>  teini)Qve,  in   case  of  the 
appointment  of  a  fro  temjyore  mayor,  to  form  a  (;[U0- 
rum  for  business,  and  a  meeting  composed  of  live 
councilmen  shall  have  power  to  appoint  any  one  of 
the  councilmen  to  act  as  mayor  pro  temijore,  in  the 
absence  or  during  the  sickness  of  the  mayor ;  and  the 
mayor  yro  tempore  for  the  time  of  his  appointment 
shall  have  power  to  discharge  all  the  duties  and  func- 
tions of  the  mayor. 
Laws  must      Sec.  4.  And  he  it  fwrther  enacted,  Tliat  it  shall  re- 
by  mayor^^  fpii'c  a  majority  of  all  the  councilmen  present  at  any 
meeting  of  the  council,  to  pass  any  law,  ordinance  or 
resolution,  every  laAV  or  ordinance  which  shall  be 
passed  by  the  council  shall  be  presented  by  the  clerk 
of  the  city  to  the  mayor  for  his  approval  and  signa- 
ture, and  if  he  approves  and  signs  such  law  or  ordi- 
nance, the  same  shall  thereby  become  operative,  but 
not  otherwise,  except  as  hereinafter  provided,  that  is 
to  say :  If  the  mayor  shall  disapprove  any  law  or  or- 
dinance, he  shall  return  the  same  with  his  objections 
to  the  next  regular  meeting  of  the  council,  and  in 
such  case  the  mayor  shall  fail  to  return  such  law  or 
ordinance  as  required,  the  council  shall  at  the  next 
regular  meeting  of  the  council  after  the  passage  of 
any  law  or  ordinance,  disapproved  or  not  returned  as 
aforesaid,  or  at  the  next  succeeding  regular  meeting 
of  the  council,  as  the  council  may  determine,  proceed 
to  vote  upon  such  ordinance  or  law  disapprored  by 
the  mayor,  or  not  returned  as  provided,  as  the  case 
Two-thirds  may  be ;  and  if  it  shall  appear  that  two-thirds  of  the 
voteneces-  (3Q^^j^(.i][j-i^gjj  prcscut  at  the  meeting  and  forming  a 
quorum,  approve  of  such  law  or  ordinance  by  voting 
for  the  same,  such  law  or  ordinance  shall  thereby  be- 
come operative  ;  and  in  every  pase  wlnere  a  two-thirds 


AMENDMENT.*'  17 

nance  williout  the  approval  of  ttie  mayor,  tlie  vote 
shall  be  taken  by  ayes  and  noes,  and  duly  registered 
on  the  minutes  of  the  council ;  and  no  law  or  ordi- 
nance of  the  council  shall  he  operative  without  being 
approved  and  signed  by  the  mayor,  or  witliou^t  tlie 
approval  of  a  vote  of  two-thirds  of  the  council,  to 
whicli  the  same  may  be  submitted  as  provided,  after 
the  return  of  the  same  with  the  objections  of  the 
mayor,  or  failure  to  return  as  provided. 

Sec.  5.  And  he  it  further  ejiacted,  That  the  said  Bouudaries. 
city  council  shall  have  power  to  lay  off  said  city  into 
such  number  of  wards  as  they  may  deem  proper,  and 
to  iix  tlie  boundaries  or  limits  of  the  same,  and  to 
alter  such  limits,  and  to  increase  or  diminish  the 
number  of  wards  at  tlieir  discretion. 

Sec.  G.  And  ho  it  further  enacted,  That  tlicthir- Valuation. 
teenth  section  of  said  act  hereby  altered  and  amend- 
ed be,  and  the  same  is  liere])y  repealed,  except  as 
hereinafter  provided.  The  said  city  council  shall 
cause  an  annual  valuation  to  be  made  of  all  lands 
within  the  corporate  limits  of  said  city  sul)ject  to  tax- 
ation, which  shall  be  done  by  such  discreet  and  com- 
l)etent  person  or  persons  who  shall  be  a  freeholder  or 
freeholders  in  said  city,  as  the  city  council  may  ap- 
point for  that  pur])ose,  and  it  shall  be  the  duty  of  the 
person  or  persons  so  appointed  to  proceed  to  discharge 
the  duty  committed  to  him  or  them,  as  soon  as  practi- 
cable, and  for  that  purpose  shall  make  out  a  careful 
schedule  of  all  lots  or  parcels  of  land  in  said  city  sub- 
ject to  taxation,  and  designate  and  describe  the  same 
by  numbers  or  otherwise,  so  that  the  same  may  be 
ascertained  by  the  numbers  or  description,  and  hav-^ 
ing  done  this  shall  place  a  valuation  of  each  lot  or 
l>arcel  of  land,  stating  the  owner  in  every  case  when 
known, 'and  when  unknown,  so  stating.  On  the  com- 
])letion  of  said  schedule  and  valuation,  the  same  shall 
be  returned  to  the  oiHce  of  the  clerk  of  the  cit)-,  and 
shall  be  in  the  custody  of  said  clerk,  and  shall  be 
open  to  the  inspection  of  all  persons  who  niAy  bo  in- opon  for  in- 
terestcd  in  the  valuation.     On  the  completion  and  re- 


X8  AMENDMENT. 

turn  of  said  scliednle  and  valuation,  it  shall  be  tlie 
Notice. :  dut}^  of  the  mayor  to  cause  notice  to  be  given  by  ad- 
vertisement in  some  newspaper  published  in  said  city, 
for  at  least  ton  days,  of  the  completions,  and  tiling  in 
the  office  of  the  clerk  of  said  city,  of  said  schedule 
and  valuation  of  the  real  estate  within  the  city,  and 
that  the  same  is  open  to  inspection,  and  that  all  per- 
sons who  may  be  dissatisfied  with  the  valuation  made 
may  come  in  within  a  time  to  be  designated  by  the 
city  council  and  to  be  stated  in  said  advertisement, 
(which  time  shall  not  be  less  than  ten  days,)  and  file 
Objections,  objcctioiis  to  the  valuation,  which  objections  shall  be 
in  writing,  and  filed  with  the  city  clerk,  in  every  case, 
when  no  objections  shall  bo  filed  within  the  time  pre- 
scribed to  the  valuation,  the  owner  or  owners  of  the 
land  as  valued  shall  not  have  the  right  thereafter  to 
object  to  such  valuation.  But  the  city  council  shall 
have  power  at  any  time  before  final  action  by  the 
council,  in  relation  to  the  valuation,  to  make  such 
corrections  in  the  valuation,  either  by  increasing  or 
diminishing  the  valuation  as  the  facts  and  justice  of 
the  case  may  seem  to  them  to  require.  After  the  ex- 
piration of  the  time  prescribed  within  which  objec- 
tions to  the  valuation  of  lands  may  be  made,  which 
objections  in  all  cases  must  be  in  writing  and  filed  as 
aforesaid,  the  city  council  shall  proceed  with  all  con- 
venient dispatch,  to  hear  and  determine  the  objec- 
tion or  objections,  on  such  testimony  or  facts  as  may 
be  within  their  knowledge,  or  may  be  produced  be- 
Aiteration    forc  them,  and  if  itai;>pear  to  them  that  the  valuation 

in  valuation.  .       .  i      ii  i  i        i  •  •        i 

IS  incorrect,  they  shall  make  such  alterations  in  the 
valuation,  either  by  reducing  it  when  too  high  or 
raising  it  when  too  low,  as  the  facts  of  the  case  may 
in  their  judgment  render  proper,  otherwise  the  valu- 
ation as  made  shall  stand ;  in  the  valuation,  of  all 
lands  within  said  city  subject  to  taxation,  such  scale 
and  syetem  shall  be  adopted  as  shall  be  calculated  to 
render  the  valuation  as  between  the  owners  of  the 
lands  to  be  valued,  as  nearly  equal  and  equitable  as 
practicable ;  the  mayor  shall  cause  notice  to  be  given 


AMENDMENT.  19 

to  persons  contesting  the  valuation  of  lands,  and  who 
may  have  tiled  objections  as  above  provided,  by  pub- 
lication in  a  newspaper  within  the  city  or  by  personal 
notice,  as  he  may  deem  proper,  stating  the  time  within 
which  objections  to  tlie  valuation  will  be  heard  and 
determined,  and  after  such  notice  the  council  shall 
proceed  to  determine  and  decide  upon  the  objections 
which  may  have  been  iiled  within  the  time  specified 
in  the  notice,  whicli  may  have  been  given  for  the 
hearing  and  determiniug  of  the  objections,  unless  the 
hearing  and  decision  be  jxtstponed  for  reasons  which 
may  appear  sufficient  to  tlie  city  council.  It  shall  be 
the  duty  of  the  clerk  of  the  city  to  keep  a  record  of 
all  the  })roceedings  of  the  city  council,  and  enter  the 
same  upon  tlu^  minutes  to  be  kept  by  liim  for  that  '.'/ 

pur}>osc,  of  the  proceedings  of  the  council  in  relation 
to  the  determining  of  ol)jeetions  which  may  be  made 
to  the  valuation  of  hinds  as  provided,  as  well  as  of  all 
other  business  of  the  city  council.  The  city  council 
shall  have  power  to  fix  the  dates  and  periods  for  the  nates  of  as- 

scssmcnt* 

assessment  of  all  the  property  within  the  city  liable 
to  taxation,  so  as  to  render  the  person  or  persons  who 
may  have  the  ownership  or  possession  of  the  property 
so  liable  to  taxation,  on  a  day  or  within  a  period  to 
be  fixed  by  them,  liable  for  the  taxes  thereon  for  the 
year,  or  for  a  less  i)eriod,  as  the  city  council  may  pre- 
scribe, but  the  city  shall  have  and  hold  a  lien  on  all 
property  subject  to  taxation  for  the  taxes  which  may 
be  due  and  unpaid  thereon,  whether  or  not  the 
ownership  or  possession  thereof,  shall  have  been 
changed.  After  the  valuation  of  hmds  in  said  city 
subject  to  taxation  shall  have  been  comj)letcd,  and 
the  valuation  approved  l)y  the  city  council,  the  valu- 
ation as  made  and  the  approval  thereof  by  the  coun- 
cil shall  be  certified  l)y  the  mayor  and  clerk  of  the 
city,  under  the  seal  of  the  city,  which  certificate  and 
seal  shall  be  attached  to  the  schedule  of  valuation, 
and  make  reference  to  it,  and  the  whole  shall  be  care-  vainntion 
fully  preserved  among  the  archives  of  the  city  by  the  sItx*:^^ 
city  clerk.  The  said  city  council  shall  appoint  some 
3 


20  AJtIENDMENT. 

Appoint-  trnsty  cand  competent  person  or  persons  to  ascertain 
all  personal  property  within  said  city  subject  to  taxa- 
tion, and  all  persons  within  the  city  subject  to  poll 
tax  or  other  taxes,  and  the  sales  of  merchandise,  and 
all  other  subjects  of  taxation  within  the  city,  and  for 
the  purpose  of  discovery  of  property  subject  to  taxa- 
tion, the  amount  of  sales  of  merchandise,  and  of  all 
other  subjects  of  taxation,  the  person  or  persons  ap- 
j)ointed  for  this  service  by  the  city  the  council  shall 

Duties.  have  the  power  and  it  shall  be  his  or  their  duty  to 
require  schedules  or  statements  under  oath  or  affirma- 
tion of  all  persons  who  may  be  sujiposed  to  be  pos- 
sessed of  any  personal  property  or  other  subjects  of 
taxation,  (other  than  real  estate,)  and  who  may  be 
or  may  have  been  engaged  in  vending  merchandise 
of  any  kind  within  the  city,  and  who  may  be  deemed 
subject  to  taxation  or  liable  for  taxes  in  any  way  (ex- 
cej)t  on  real  estate,)  and  in  case  any  person  or  persons 

Case  of  re-  shall  rcfusc  to  render  the  required  schedule  or  state- 

fusal  to  '■ 

niake  re-     meiit  uudcr  oatli,  or  if  a  statement  or  schedule  shall 

turns.  ^  ' 

be  rendered  in  any  case  which  the  person  or  persons 
authorized  and  appointed  to  take  the  same  shall  have 
reasons  to  believe  is  incorrect,  the  person  or  persons 
who  may  be  appointed  to  this  duty  shall  adopt  the 
best  means  and  resort  to  the  best  evidence  which  may 
be  available  to  ascertain  the  true  facts  of  the  case, 
and  make  and  return  a  statement  thereof,  according- 
ly. The  person  or  persons  who  may  be  appointed  to 
take  the  schedules  and  statements  aforesaid,  and  to 
ascertain  and  report  upon  the  personal  proi^erty  and 
persons  subject  to  taxation,  and  other  subjects  of  tax- 
ation shall  be  competent  to  administer  all  oaths  or 
False  oath,  affirmations  required  :  and  any  person  who  shall  wil- 
fully make  a  false  oath  or  affirmation  in  any  schedule 
or  statement  he  or  she  may  render  or  make  as  re- 
quired, shall  be  guilty  of  paying  and  be  subject  to 
the  pains  and  penalties  for  that  offence.  On  the 
completion  of  the  schedules  and  statements  of  the 
personal  property,  and  persons  and  sales  of  merchan- 
dise and  of  other  subjects  of  taxation  aforesaid,  other 


AIMENDMENT. 


^1 


than  lands,  the  person  or  persons  appointed  for  that 
duty  and  service  shall  make  a  clear  and  complete 
statement  thereof  in  dne  time  to  the  city  council,  and 
the  same  shall  l)e  examined  by  the  city  council,  and  council  to 
approved  by  the  council  if  correct,  or  if  found  incor-  staunn  ut. 
rect  in  any  particular,  the  council  shall  cause  the 
proper  correction  to  l)e  made.  After  the  schedules 
and  statcuicnts  shall  have  been  examined  by  the  coun- 
cil and  corrected,  when  corrections  may  appear  to  be 
required,  the  schedules  and  statements  as  a])])roved 
and  corrected,  shall  1)e  certilied  b)"  the  mayor  and  statement 
clerk  of  the  city  under  the  seal  of  the  city,  as  correct  Hod  I'y 
schedules  and  statements  accordini;-  to  their  import,  Lieik. 
and  the  same  shall  be  carefully  liled  by  the  clerk  of 
the  city,  and  preserved  among  its  archives.  It  shall 
be  the  duty  of  the  clerk  of  the  city  or  such  other 
officer  or  person  or  persons  as  the  city  council  may 
appoint  for  that  purpose,  to  make  out  a  correct  state- 
ment from  the  valuation  of  lands  within  the  city  sub- 
ject to  taxation,  and  from  the  schedules  and  state- 
ments of  personal  property,  and  persons  and  sales  ot 
merchandise,  and  (.)ther  subjects  of  taxation  when  re- 
turned and  approved  as  provided,  and  of  the  amount 
of  taxes  due  thereon  accordino-  to  the  rates  of  taxa- 
tion which  may  have  been  levied  or  assessed  by  the 
city  council,  with  the  names  of  the  persons  and  par- 
tics  liable  to  taxation  when  kuowii  and  a  statement  of 
the  amount  of  taxes  due  or  to  be  due  on  such  lot  or  par- 
cel of  real  estate  as  valued,  and  on  other  property  and 
against  all  persons  and  parties  within  the  cit}',  and  on 
the  completion  of  said  statements  to  lay  tlie  same  be- 
fore the  city  council,  whereupon  the  said  council  shall 
examine  the  same  and  make  sucli  corrections  therein  as 
may  be  required.  This  being  done,  it  shall  be  the  duty 
of  the  mayor  and  tlie  clerk  of  the  city  to  certify  the 
same  under  the  seal  of  the  city  as  a  correct  statement 
and  account  of  the  taxes  due  said  city,  according  to  the 
valuations  and  assessments  approved  by  the  council 
of  said  city,  which  statements  and  accounts  so  made 
and  certilied  shall  be  liled  by  the  clerk  of  said  city 


aid. 


aa  AMENDMENT. 

and  ])reserved  among  tlie  archives  of  the  city,  and 
shall  have  the  force  and  effect  of  a  judgment  against 
the  persons  and  property  named  and  specified  therein 
for  the  amount  of  the  taxes  shown  to  be  due  in  each 
case  respectively,  according  to  the  specifications  in 
said  account  and  statement.  Said  taxes  when  so  as- 
Taxes-      Gcsscd,  stated  and  certified  shall  be  collected  by  such 

now  collect  -,  "' 

e«i.  trusty  and  competent  person  or  persons,  or  officer,  as 

the  council  of  said  city  may  appoint  for  that  purpose, 
said  collections  to  be  made  within  such  reasonable 
time  as  said  city  council  may  by  ordinance  or  resolu- 
tion designate  and  require.     It  shall  be  the  duty  of 

When  not  the  clerk  of  said  city  in  all  cases  when  the  taxes  due 
shall  not  be  paid  according  to  the  requii-ement  of  said 
city  council,  to  make  out  a  statement  of  the  taxes  ap- 
pearing to  be  due  according  to  the  certified  account 
and  statement  aforesaid,  in  all  such  cases  of  non-pay- 
ment of  taxes,  which  statement  shall  be  certified  by 
the  clerk  and  mayor  of  said  city,  as  a  correct  state- 
ment of  the  amount  of  taxes  due  in  such  case  or 
cases,  and  thereupon  said  statement  shall  have  the 
force  and  eft'ect  of  an  execution,  to  l)e  returnable 
within  such  time  and  manner  as  the  council  of  said 
city  may  by  ordinance  or  resolution  appoint,  and 
when  not  satisfied,  alias  statements  may  be  issued 
when  deemed  proper  by  the  mayor  of  tlie  city.  All 
such  statements  may  be  levied,  and  sales  and  collec- 
tions made  thereunder  on  personal  property  as  levies 
and  sales  of  such  pro})erty  are  authorized  imder  exe- 
cutions from  justices  of  the  peace,  with  the  same  ad- 
vertisement where  personal  property  suificient  to  sat- 
isfy the  demand  can  be  found,  otherwise  the  person 
or  officer  who  may  be  charged  with  the  duty  of  mak- 
ing the  collection,  shall  return  the  statement  with  a 
certificate  to  the  effect  that  personal  ])roperty  suffi- 
cient to  satisfy  the  taxes  due  in  the  case  and  liable 
for  the  same  cannot  be  found.  It  shall  thereupon  be 
the  duty  of  the  clerk  of  the  city  to  nuike  out  another 
statement  of  the  same  kind,  and  to  state  therein,  that 
return  having  been  nuide  that  personal  property  suf- 


\ 


AMENDHtENT.  S^ 

licieiit  to  satisfy  the  taxes  due  in  this  case  and  liable 
for  the  same  cannot  be  found,  this  will  be  levied  on  wiicn  prop- 
real  estate,  which  order  shall  be  signed  by  the  clerk  be  found, 
of  the  city  and  mayor,  under  the  seal  of  the  city,  and 
shall  have  the  force  and  effect  of  an  execution  duly 
issued  on  a  judgment  of  the  circuit  court  of  the 
county  of  Dallas,  in  this  State,  and  may  be  levied  on 
any  lands  or  other  property  liable  to  levy  and  sale 
imder  a  valid  execution  from  the  circuit  court  of  said 
county  of  Dallas,  and  such  property  or  a  sufficiency 
of  it  to  satisfy  the  amount  of  taxes  due  in  the  case, 
with  the  costs  and  interests,  where  interest  is  due, 
shall  be  sold  by  the  person  or  officer  charged 
with  the  duty  of  makiug  tlie  collection  in  the  same 
manner  that  similar  property  would  be  re(]uired  to 
be  sold  l)y  the  sheriti'  under  an  execution  from  the 
circuit  court  of  said  county  of  Dallas:  J^rovkIcd,r:o\[ded. 
That  the  sale  may  be  made  in  the  city  of  Selma,  and 
that  the  person  or  officer  authorized  to  make  the  col- 
lection and  sale  shall  give  notice  thereof  l)y  adver- 
tisement to  be  published  in  some  newspaper  publish- 
ed in  said  city,  at  least  four  consecutive  weeks  prior 
to  the  sale,  specifying  the  property  to  be  sold,  and 
the  name  of  the  owner  when  known:  Provided  fur- 
tJier^  That  if  the  owner  of  the  property  be  unknown, 
or  shall  reside  out  of  this  State,  said  advertisement 
shall  be  published  for  twelve  consecutive  weeks  prior 
to  the  sale,  in  case  the  ]«ropcrty  to  be  sold  shall  be 
real  estate.  All  such  sales  shall  have  the  same  force 
and  effect  to  di\'est  the  title  of  the  i>roperty  sold  out 
of  the  owner  and  to  vest  it  in  the  purchaser  as  a  sale 
and  proper  c(,)nveyance  under  it  to  the  purchaser, 
duly  made  by  the  sheriff  under  u  valid  judgment  and 
execution  of  the  circuit  court  of  said  county  of  Dallas 
would  have :  Provided^  That  in  sales  of  real  estate,  iw^Mf,  to 
the  owner  whose  title  shall  have  been  so  divested  "^' ^*^ '' 
shall  have  the  same  right  to  redeem  the  same,  and 
under  the  same  rules  and  regulations,  and  on  the 
same  terms,  and  within  the  same  time,  as  is  or  may 
be  by  law  of  this  State,  secured  to  defendants  whoso 


24 


AMENDMENT. 


lands 'ttray  %e  sold  iiuder  judgment  and  execution  of 
the  circuit  court :  A7i(l,  fromded  furtJier^  as  a  requi- 
site to  the  title  of  the  purchaser  of  real  estate  sold  or 
to  be  sold  as  herein  above  provided,  that  the  person 
or  ofhcer  making  the  sale  shall  give  the  purchaser  a 

Certificate,  certificate  in  writing,  to  be  signed  by  him,  setting 
forth  substantially  the  statement  or  process  under 
which  the  sale  was  made,  the  date  and  amount  there- 
of, the  description  of  the  property  sold,  the  amount 
for  which  it  was  sold,  the  date  of  the  sale,  and  the 
name  of  the  purchaser  or  purchasers,  which  certifi- 
cate shall  be  submitted  to  the  mayor  of  said  city  for 
his  inspection  and  examination,  and  if  found  by  him 
to  be  correct  he  shall  annex  thereto  his  certificate  as 
mayor  under  the  seal  of  said  city,  seltiug  forth  sub- 
stantially tliat  he  has  examined  the  said  certificate, 
and  that  the  same  is  true  and  correct  and  in  proper 
form,  and  that  the  sale  therein  referred  to  was  duly 
made  under  competent  authority  by  the  authorized 
ofticer  of  the  city  of  Selma.  The  said  certificate  wlien 
thus  approved  and  certified  by  said  mayor,  shall  be 
evidence  per  ne  of  the  facts  stated,  and  shall  operate 
as  a  deed  of  conveyance  of  the  lands  to  be  specified 
therein,  but  may  be  rebutted  by  other  evidence,  and 
said  certificates  may  be  recorded  in  the  courts  pro- 
vided by  law  for  the  record  of  deeds,  as  deeds  of  con- 
veyance of  lands  duly  probated  may  be  recorded,  and 
with  the  same  effect  as  notice  and  otherwise. 

Interest.  Sec.  7.  And  1)6  it  further  enacted^  That  in  all 
cases  when  taxes  due  said  city  shall  not  be  paid  with- 
in the  time  required  by  the  city  council  of  said  city 
the  amount  thereof  shall  bear  interest  from  the  expi- 
ration of  such  time,  when  statements  shall  l)e  issued 
to  operate  as  executions  as  provided  in  the  last  pre- 
ceding section,  the  officer  issuing  such  statements 
certifying  them,  (except  the  mayor)  shall  be  entitled 
to  the  same  fees,  to  be  paid  by  the  party  or  property 
liable  for  such  taxes  as  are  or  may  by  law  be  allowed 
to  justices  of  the  peace  for  similar  services,  and  the 
officer  authorized  and  who  may  be  charged  with  the 


AMENDMENT.  25 

collection  of  the  amount  due  on  any  such  certificate, 
shall  be  entitled  to  tlie  same  fees  as  are  or  may  by 
law  be  allowed  to  constables  for  similar  services,  to 
be  paid  in  the  same  manner  ;  all  persons  owing  taxes 
to  said  city  and  .all  property  shall  be  chargeable  with 
all  costs  to  be  incurred  in  the  advertisement  and  sale 
of  i)roperty  which  may  be  sold  as  ]n'ovided  in  the  last 
preceding  section. 

Sec.  8.  A7)d  he  it  further  enacted,  That  said  city 
sliall  have  the  right  when  property  cannot  be  found 
out  of  which  to  collect  taxes  or  other  debt  which 
may  be  due  the  cit}',  on  the  return  of  the  person  or 
officer  who  may  be  charged  with  the  duty  of  making 
collections  in  any  case,  that  no  property  can  be  found 
out  of  wliicli  to  nnike  the  amount  of  the  taxes  or 
del)t  as  the  case  may  l)c  to  tlie  process  of  garnish- 
ment, to  be  issued  by  a  justice  of  the  peace,  when 
the  demand  shall  not  exceed  fifty  dollars,  and  by  the 
clerk  of  the  circuit  court  of  the  proper  county  where 
it  exceeds  that  amount,  in  the  first  place  requiring 
the  garnishee  to  appear  before  a  justice  of  the  peace, 
in  the  other  before  the  circuit  court,  and  make  an- 
swer to  the  garnislnncnt,  which  process  of  garnish- 
ment may  be  issued  upon  the  ap])lication  of  the 
mayor  or  any  officer  or  agent  of  said  city,  an  oath 
being  made  by  the  applicant  of  the  sum  due  the  city, 
and  stating  some  person  or  persons  supposed  to  be  in- 
debted to  the  debtor  or  to  have  property  or  eflfects  of 
the  debtor  in  his  or  her  p('>ssessi(»n.  In  this  process 
the  certified  statement  of  taxes  due  as  provided  for  in 
the  sixth  section  of  this  act  shall  for  the  purposes  of 
the  garnishment  allowed  be  deemed  and  taken  as  a 
judgment  of  thetril)uiKil  from  which  the  process  may 
issue,  and  judgment  may  be  given  thereon  as  in  other 
cases  against  any  party  summoned  as  garnishee. 

Sec.  y.  And  he  it  further  enacted,  That  tlie  13th 
section  of  the  act  hereby  amended,  shall  be  and  re- 
main in  full  force  so  far  as  relates  to  taxes  assessed, 
and  payable  prior  to  the  passage  of  this  act,  and  to 
all  done  and  proceedings  had  under  it. 


26  AMENDMENT. 

Taxcoiicc-      Sec.  10.  And  he  it  further  enacted.,  That  person 

'°'"'  or  persons  or  officer  who  may  be  appointed  by  the 

city  council  collector  of  the  taxes  due  or  to  come  due 
to  said  city,  shall  be  styled  "  Tax  Collector  or  Collec- 
tor of  tlie  city  of  Selma,"  as  the  case  may  l)e ;  and 
such  officer  or  officers  shall  be  chargeable  with  and 
accountable  for  the  wliole  amount  of  the  taxes  which 
it  shall  be  his  or  their  official  duty  to  collect,  and  such 
officer  or  officers  sliall  discharge  himself  or  themselves 
from  liability  personally,  and  on  his  or  their  official 
lx)nd  for  such  taxes,  by  collecting  and  paying  the 
amount  collected  into  the  treasury  or  to  the  treasurer 
of  the  city,  or  by  showing  that  the  taxes  due  in  any 
case  could  not  be  collected  by  due  diligence,  and  that 
such  diligence  has  been  used,  autliority  being  vested 
in  said  city  council  to  appoint  a  single  tax  collector 

Howap-  for  the  whole  city,  or  to  appoint  ditferent  collectors 
for  different  parts  of  the  city,  as  they  may  deem  best. 
Every  officer  of  said  city  shall  be  liable  j)ersonally 
and  on  his  official  bond  with  his  securities  where 
bond  and  security  are  given  in  accordance  with  the 
conditions  of  the  bond  for  defalcation  of  official  duty, 
and  for  all  breaches  of  condition  in  any  bond  or  bonds 
which  may  be  given  to  said  city,  in  any  court 
having  jurisdiction  of  the  parties  and  subject  matter 
under  the  laws  of  this  State. 

Powers  in  Sec.  11.  And  1)6  it  further  enacted,  That  in  every 
'  case  of  the  sale  of  real  estate  under  the  provisions  of 
this  act,  it  shall  be  the  duty  of  the  officer  making  the 
sale,  and  he  is  hereby  invested  with  power  to  put 
the  purchaser  in  possession  of  the  jn-operty  which 
may  be  sold. 

Tax  on  Sec.  12.  And  he  it  further  enacted,  That  said  city 

council  shall  have  power  to  levy  and  collect  a  tax  on 
all  slaves  brought  into  the  city  and  exposed  for  sale 
by  traders  in  slaves,  provided  said  tax  sliall  not  ex- 
ceed five  dollars  on  each  slave  so  brought  into  said 
city  and  exposed  for  sale. 

Sec.  13.  And  le  it  further  enacted,  That  said  city 
council  shall  have  power  to  levy  and  collect  a  tax  on 


slaves. 


AMENDMENT'.  27 

all  liawlcers  and  peddlers,  and  on  all  itinerant  nier-Taxon 

■••  '  ,  ,  hawkers, 

chants  or  venders  of  goods  or  merchandize  ol  any  Ac. 
kind  within  said  city :  Provid^d^  Thas  snch  tax  shall 
not  exceed  twenty-live  dollars,  and  shall  not  he  levied 
oftener  than  once  against  the  same  i^irty  in  any  one 
month ;  and  shall  not  he  applicahle  to  jiersons  who 
may  he  vending  the  productions  of  this  State. 

Sec  14.  And  he  it  further  enacted^  That  said  city  Nuisiuices. 
council  shall  have  power  to  prevent  and  cause  the  re- 
moval of  all  nuisances  within  said  city,  such  as  all 
decayed  and  dilapidated  houses  or  structures  calcula- 
ted to  produce  disease  of  any  hind,  or  unlit  for  use  or 
habitation,  and  things  producing  noxious  smells  in 
frequented  parts  of  the  city,  and  things  producing 
unhealthy  exhalations  and  prejudicial  to  the  heidth 
of  the  city,  and  things  calculated  seriously  to  iuqviir 
the  comfort  and  convenience  of  iuhalMtants  of  the 
city.  And  when  any  such  nuisance  shall  be  found  when  on 
on  private  property  within  the  city,  said  council  shall  pioperty. 
have  power  to  cause  notice  to  be  given  to  the  owner  of 
such  property  to  remove  such  nuisance,  and  if  the 
owner  shall  neglect  or  refuse  to  remove  the  same 
within  such  reasonable  time  as  the  city  council  niay 
require,  the  city  council  shall  have  power  to  cause 
the  removal  or  abatement  of  such  nuisance  to  be 
made  at  the  expense  of  the  owner  of  the  land  on 
which  the  nuisance  nuiy  exist,  and  the  cost  of  the  re- 
moval or  abatement  shall  be  chargeable  to  the  owner 
of  the  laud  on  which  the  nuisance  existed ;  and  suit 
may  be  brought  against  such  owner  in  the  name  of 
the  city,  and  judgment  recovered  therefor  in  any 
court  having  jurisdiction,  and  in  case  the  owner  of 
the  land  on  which  any  such  nuisance  may  exist,  shall 
be  a  non-resitlent  of  the  State,  the  required  notice  be 
served  on  his  or  her  agent,  if  there  be  such  agent  in 
the  city ;  otherwise,  by  publication  in  a  newspaper 
published  in  said  city  for  four  consecutive  weeks  and 
the  cost  of  such  advertisement  shall  be  chargeable  to 
the  owner  of  the  lands  on  which  the  nuisance  may 
exist.     And  in  case  such  nuisance  shall  exist  on  lands 


2&  AMENDMENT. 

belougiiig  to  the  estate  of  any  deceased  person  or  to 
minors,  the  required  notice  aforesaid  may  be  served 
on  tlie  executor  or  administrator  of  the  deceased,  or 
the  guardian  of  the  minor,  as  the  case  may  be,  if 
residents  of  this  State ;  otherwise  by  jmblication  as 
above  provided. 
Powers  of       Sec.  15.  And  ho  it  furthe?' enacted,  That  said  city 
Mto'fire"^'  council  shall  have  power  to  establish  fire  companies, 
companies.  ^^^^  ^^  ipuss  ordinances  for  regulation  and  manage- 
ment of  the  same,  to  erect  and  establish  hospital  and 
work  houses,  and  houses  of  correction,  and  to  enact 
proper  regulations  and  laws  for  the  management  of 
As  to  party  the  sauic ;  to  establish  and  regulate  party  fences,  and 

1'giicgs» 

to  determine  by  whom  the  same  shall  be  built  and 
Burying      kept  in  repair;  to  provide  public  buiying  grounds, 
and  establish  or  change  the  same  as  they  may  deem 
best  and  most  advantageous  for  the  city  and  its  in- 
habitants, and  to  enact  all  projier  laws  and  regula- 
tions in  relation  to  the  same ;  to  construct  or  cause  to 
Sidewalks,  be  coustructed  and  kept  in  repair  side  walks  and 
^'  pavement  in  such  parts  of  the  city  as  in  their  judg- 

ment is  required  for  the  convenience  of  the  ]3ublic 
and  the  inhabitants  of  the  city,  and  when  such  side- 
walks or  pavements  are  required  on  private  property 
or  land  belonging  to  individuals,  the  said  council  may 
require  them  to  be  made  and  kept  in  repair  by  the 
owner  of  the  land,  if  such  side- walk  or  pavement  be 
required  on  a  lot  or  lots  on  which  there  may  be  a 
house  occupied  or  rented  l)y  the  owner  of  such  lot  or 
lots,  and  if  in  such  case  the  owner  of  the  lot  or  lots, 
shall  fail  or  refuse  to  make  or  repair  such  side-walk 
or  pavenient  within  such  reasonable  time  as  may  be 
required  by  the  city  council,  said  council  may  have 
the  same  done  at  the  cost  of  the  owner,  and  the 
proper  expense  thereof  shall  ha  chargeable  to  such 
OAvner,  to  be  recovered  by  suit  in  the  name  of  said 
city  in  any  court  having  jurisdiction  of  the  amount 
and  subject  matter:  Provided,  That  such  reasonable 
notice  as  the  council  may  prescribe,  shall  be  given  to 
the  owner  of  such  property  to  make  or  repair  such 


side-walks  or  pavements,  by  personal  service  on  the  Notice  to  be 
owner  if  he  be  a  resident  of  this  State ;  and  if  not  by  f wnors"of 
service  on  his  agent  if  there  be  such  agent  in  said  roiw  sU" 
city,  otherwise  by  ])nblication  for  fonr  consecutive   "  "" ' 
weeks  in  some  newspaper  published  in  said  city,  or  if 
the  land  l)elong  to  the  estate  of  a  deceased  person  or 
minor,  by  service  on  the  executor  or  administrator  of 
the  deceased  or  guardian  of  the  minor  if  within  this 
State,  otherwise  by  jinblication  as  above  ])rovided. 

Sec.  10.  And  he  it  further  enaeted,,  That  said  city  Powers  of 

•11111  '       i  n  V  '    "^"''y  council 

council  shall  have  power  to  pass  all  proper  ordinances, 
and  enforce  the  same  for  the  prevention  and  suppres- 
sion of  all  disorderly  and  unlawful  assomldies  within 
the  limits  of  said  city  calculated  to  endanger  the  peace 
or  security  of  the  inhabitants,  and  to  suppress  all 
brothels  and  houses  of  ill-fame,  and  for  the  resort  of 
notoriously  lewd  women,  and  shall  have  power  to 
cause  the  arrest  of  all  i)ersous  violating  any  ordinance 
of  the  council  made  for  the  suppression  or  })reve]ition 
of  the  unlawful  acts  or  practices  aforesaid,  or  breaches 
of  the  peace,  and  inflict  such  fines  and  penalties  as  Fines  and 
may  be  lawful  in  such  cases  and  as  said  council  may  ^'^""^  "^*' 
by  ordinance  not  contrary  to  the  laws  of  the  State 
prescribe,  and  in  default  of  the  payment  of  any  fine 
which  may  be  lawfully  assessed  for  violation  of  any 
lawful  ordinance  of  said  council,  the  mayor  who  shall 
have  power  to  try  all  breaches  of  the  ordinances  of 
the  city  alone  or  in  connection  with  one  or  more  of 
the  councilmen,  shall  have  power  to  commit  to  prison  offenders 
the  offender  failing  or  refusing  to  pay  such  fine,  for  prisoned. 
any  period  not  exceeding  thirty  days,  or  until  the 
payment  of  the  fine  and  costs,  and  shall  have  power 
to  recpiire  all  ofi'euders  against  the  ordinances  of  said 
council,  made  for  the  preservation  of  the  peace,  safety 
or  morals  of  the  city,  to  give  bond  and  security  for 
such  amount  as  the  mayor  may  prescribe  not  exceed- 
ing five  hundred  dollars,  conditioned  to  abstain  from 
further  violation  of  said  ordinances,  and  on  his,  her 
or  their  failure  or  refusal  to  give  the  bond  required, 
to  commit  the  offender  so  failing  or  refusing  to  prison 


30  AMENDMENT. 

for  any  period  not  exceeding  sixty  days  or  until  sncli 

bond  be  given,  and  shall  have  power  to  cause  the 

Vagrants     arrcst  of  porsons  of  suspicio\is  conduct  and  character, 

may  be  ar-        ,  ■,       a  i    i    •        •    ^       i  i  •  •  i 

rested.  who  may  be  lound  Joitermg  about  the  city  without 
regular  ein])loyment  and  without  visible  means  of 
support,  or  who  may  be  found  about  places  wliere  de- 
praved persons  habitually  resort,  and  may  institute 
inquiry  as  to  the  general  conduct  and  habits  of  such 
susj^icious  person  or  persons,  and  unless  he,  she  or 
tliey  sliall  be  able  to  give  such  account  of  himself  or 
herself  as  to  show  tliat  his  or  her  conduct  and  em- 
ployment is  lawful  and  proper,  the  mayor  may  re- 
quire such  person  or  persons  to  give  bond  and  security 
in  any  sum  not  exceeding  five  hundred  dollars  for  his 
or  her  good  behavior,  and  in  default  thereof  may 
commit  such  person  or  persons  to  prison  for  a  time 
not  exceeding  sixty  days,  or  until  tlie  required  bond 
be  given,  or  the  mayor  if  lie  deem  proper  require 
such  person  or  persons  to  leave  he  city  not  to  return, 
and  on  refusal  to  comply  with  such  order  witliin  the 
time' to  be  prescribed  by  the  mayor,  such  person  or 
persons  may  be  committed  to  prison  for  any  period 
not  exceeding  sixty  days,  and  until  such  person  or 
persons  shall  consent  to  leave  said  city  and  stay  away. 
Approved,  February  24,  1860. 

[Fampklet  Acts,  '59-60,^.  421. 


^^  3sr  A^  O  T* 

To  Amend  the  Charter  of  the  City  of  Selma. 

Section  1.  JBe  it  enacted  hy  the  Senate  and  House  of 
Eejrresentatives  of  the  State  of  Alabama  in  Gen- 
eral AssemMy  convened — 

That  the  act  entitled  an  act  to  incoiq^orate  the  city 
of  Selma,  passed  at  the  session  of  the  Legislature  of  this 
State  of  1851-2,  approved  9th  of  February,  1852,  be 

*ThiB  Act  should  have  followed  "An  Act  to  Incoiporate  the  City  of  Selma,"  on  page 
13,  preceding  "Au  Act  to  Extend  and  Define  the  Corporate  I,iniits  of  the  City  of  Selma.'. 
— [Pkinteb. 


AiVtENDMENt.  31 

and  tlie  same  is  hereby  altered  and  amended  by  tliis 
act  as  licpeinafter  specified;  tliat  is  to  say,  by  chang- 
ing the  last  paragraph  of  the  seventh  section  of  said 
act  commencing  "on  every  vender  of  goods,  wares,-' 
&c.,  to  the  conclnsion  of  said  seventh  section,  so  as 
to  read  as  follows,  to  wit  "on  the,  l>nsiness  of  every 
vender  of  goods,  wares  and  merchandize,  drngs  and 
medicines  or  either  of  them,  a  tax  of  not  exceeding 
the  rate  of  one-fonrth  of  one  per  cent,  on  the  amount 
of  sales  of  such  venders." 

Sec.  2.  Be  H further  enaeted^  That  said  act  be  and 
the  same  is  hereby  further  amended  as  follows:  that 
is  to  say,  by  clianging  the  proviso  at  the  conclnsion 
of  the  second  section  of  sai'l  act  relating  to  the  cpiali- 
fication  of  voters,  so  as  to  road  as  follows,  to  wit : 
'■''Provided,  He  shall  have  been  actually  or  legally  a  Provided, 
resident  citizen  of  said  city  for  six  montlis  next  pre- 
ceding the  election,  and  shall  have  performed  the 
service  npon  the  streets  of  the  city  which  may  be  re- 
quired by  ordinance  of  the  city;  or  shall  have  paid 
the  assessment  for  street  tax  which  may  be  provided 
by  ordinances  as  a  street  tax  in  lieu  of  suck  service,  Poii  tux. 
and  shall  have  paid  the  jioU  tax  of  the  city  which 
may  be  assessed  by  ordinance  of  the  city,  and  not  Mayor  and 
otherwise.  And  at  all  elections  of  mayor  and  conn- 
cilmen,  it  shall  be  the  duty  of  the  existing  board  of 
mayor  and  conncilmen,  to  furnish  the  jndges  of  the 
election,  a  list  of  such  persons  as  may  be  in  default 
in  regard  to  such  street  service  or  assessment  or  poll 
tax,  for  reference  at  the  election." 

Sec.  3.  Be  it  further  enacted.  That  the  foreffoinj; 
amendments  shall  form  and  constitute  part  and  par- 
cel of  the  act  aforesaid  incorporating  said  city  ;  and 
the  «aid  act  so  altered  and  amended,  shall  be  and  re- 
main in  full  force. 

Approved,  February  6, 1858. 

{Pamphlet  Acts,  '57-8,^.  223. 


"^■104^ 


TliE  CODE 


"^ 


OF  THE 


CITY  OF  SELMA. 


CHAPTER  I. 

GENEKAL  PROVISIONS  APPLICABLE  TO  THIS  CODE. 

Sec.  1.  All  ordinances  heretofore  passed  by  theRope^ror 
City  Council  of  Selma,  which  in  .any  manner  conflict  fiinimces. 
with  the  provisions  of  this  Code,  are  hereby  repealed 
in  so  far  as  they  may  conflict ;  and  all  ordinances  the 
subject  matter  whereof  is  covered,  or  in  any  manner 
provided  for,  in  this  Code,  are  hereby  repealed  in  so 
far  as  the  same  may  be  provided  for  herein. 

Sec.  2.  Neither  the  adoption  of  this  Code,  nor  any  code  not  to^ 

^  ,  nrt'ectpenal- 

])rovision  therein  contained,  shall  have  the  elfect  to  ticH already 

•>■  '  _  mcurrod. 

release  any  person  from  any  penalty  or  forfeiture 
\vhich  has  been  inciuTcd  previous  to  its  adoption. 

Sec.  3.  Words  used  in  this  Code,  in  the  present  or  sisnitica- 

•         111-  n  1  ^'O"  o^' 

past  tense,  may  inciude  the  tuture,  as  well  as  the  past  ^ord*. 
and  present.    AVords  used  in  the  masculine  gender  oender. 
include  the  feminine  and  neuter.     The  singular  num- Number. 
her  includes  the  plural,  and  the  plural  the  singular. 

Sec.  4.  The  word  "person"  signifies  a  corporation  as  Person. 
Avell  Jis  a  natural  person.     The  word  '' property"  in- Property, 
eludes  pro])erty,  real  and  personal.     The  words  "real  kpmi prop 
property"  are  co-extensive  with  lauds,  tenements  and 
hereditaments.     The  words  "personal  property"  in- Personal 
elude  money,  goods,  chattels,  things  in  action,  evi-^"*^'^* 


34  ELECTIONS. 

dences  of  debt,  deeds  and  conveyances.  The  term 
Negro.  "  negro,"  within  the  meaning  of  this  Code,  includes 
slaves  and  free  persons  of  color.  The  term  "  person 
Person  of  of  color"  signifies  a  person  of  mixed  blood,  descended 
on  the  part  of  the  father  or  mother  from  negro  ances- 
tors to  the  third  generation  inclusive,  though  one 
ancestor  of  each  generation  may  have  been  a  white 
person. 


color, 


CHAPTER  11. 

CITY   OFFICEKS. THEIR   ELECTION,    DUTIES,    AND   COMPEN- 
SATION. 


Akticlb  1.    Elections. 
Mayor. 


3.  City  Council. 

4.  Clerk. 

5.  Treasurer. 

6.  Marshal. 

7.  Attorney. 

8.  Printer. 

f».  Removals  from  Office. 

10.  Fees. 


ARTICLE  1. 


Biennial         Sec.  5.  The  clcction   for  Mayor  and  seven  Corn- 
mayor  and  mon  Councilmen,  authorized  by  tlie  Charter  and  the 
onTsi'Mon"^  amendments  thereto,  shall  be  held  biennially,  on  the 
ay  in    ay.  g^^^^  Mouday  in  May,  at  such  place  in  the  City  as  the 

City  Council  may  appoint. 
Appoint-         Sec.  6.  Such  elections  shall  be  managed  by  two 
spectors.'^  Inspectors,  two  Clerks,  and  one  Returning  Officer.  The 
reluniing    City  Couiicil  shall  by  resolution  appoint  tlie  Inspec- 
Faiiureof   tors.     In  casc  the  Inspectors,  or  either  of  them,  are 
toTttend?  not  ill  attendance  at  the  time  and  place  appointed  for 
the  opening  of  the  polls,  tlieir  places  may  be  supplied 
by  any  freeholders  of  the  city,  who  may  be  in  attend- 
ance,  and  the  acting  Inspectors  shall  appoint  the 
Clerks  and  the  Returning  Olficer.     Before  proceeding 
Their  oath,  to  the  clection,  they  shall  take  the  oath  prescribed  by 


Er>?:cTioN^i.  35 

Section  Two  liunclrcd  and  two  of  the  Code  of  Ala- 
bama. The  polls  must  be  opened  at  9  A.  M.,  and 
closed  at  5  P.  M. 

Sec.  T.  Only  sucli  ])ersons  sliall  be  entitled  to  vote  (^naiifiea- 

'41       'if>ns  of 

at  said  elections  as  are  qualihed  by  the  laws  ot  Ala-f lectors'. 
bama  to  vote  for  ineni])ers  of  the  Legislature,  and 
who  have  been  resident  citizens  of  Selma  for  six 
months  next  preceding  the  day  of  election,  and  who 
have  performed  the  service  npon  the  streets  of  the 
city  which  may  be  required  by  ordinance  of  the  city, 
or  shall  have  paid  the  assessment  for  street  tax,  whicli  • 
may  be  provided  by  law  as  a  street  tax,  in  lieu  of 
such  service,  and  who  have  paid  their  poll  taxes  for 
the  year  next  preceding  the  election.  And  it  shall 
be  the  duty  of  the  City  Clerk  to  furnish  the  Inspec-cierkt« 

.   .  ,  i'.  1     1      1        •       11  1         ..f'nrnish  list 

tors  witn  a  complete  list,  ali)hal>eTicallv  arranged,  otoftiios© 

•  1     1  -1  '  1     •         1      11     1       <l"alified. 

those  who  have  paid  the  sanl  taxes,  and  it  shall    be 
the  Inspectors'  duty,  by  constant  reference  to  said  list, 
to  prevent  uncjualitied  persons  from  voting. 
Sec.  8.  Wlien  the  polls  are  closed,  the  Inspectors  votes 

111111  1  1  'oiintedout 

shall  proceed  to  have  the   ballots  counted  out,  and  and  fcrtifi- 

,  •  .  1        /^'         r\  •^      ^  eil  to  the 

Bhall  thereupon  certify  to  the  City  Council  the  result  council. 
of  the  election,  and  return  with  their  certiiicate  the 
ballots  and  jioll  lists  kept  by  the  Clerks. 

Sec.  9.  Any  (lualitied  elector  who  may  be  agrievcd  contested 

•'     '■  '  ^  electioHH. 

by  the  result,  as  certified  to  by  the  Inspectors,  may 
appeal  therefrom  to  the  City  Council,  by  filing  his 
objections  in  the  Clerk's  ottice  within  five  days  after 
the  election,  verified  1)y  an  affidavit  that  he  believes 
the  contents  of  his  objections  are  true  and  correct. 

Sec  10.  Uiion   the  filing  of  such  objections,  the  council  to 

11  1       1  •         •'  1  hcarnnd 

Council  shall  proceed  to  hear  such  objections,  and  may  decide con- 

^  1  "        1   1       1  1        '    tested  clcc- 

examine  such  witnesses  as  are  i)roduccd  before  them,  tions. 
When  necessary  they  may  recount  the  votes,  and  only 
when  necessary  may  coinji.are  the  Ijallots  with  the 
poll  lists ;  ami  sliall  render  such  decision  as  the  law 
and  justice  of  the  case  may  retpiire. 

Sec.  11.  At  the  expiration  of  the  five  days,  the  council  to 
Council  having  heard  any  objections  that  may  have  result  of  the 

11.  Ill'  1       1  ii       election. 

been  hied,  shall  pr<jceed  by  resolution  to  declare  the 
5 


36  MAYOR. 

result  of  the  election,  -wliicli,  with  the  certificate  of 
the  inspectors,  and  tlie  proccedinii;s  liad  npon  ohjec- 
tions  tiled  as  aforesaid,  must  be  entered  of  record 
njion  the  Minutes  of  the  Council,  and  xhcn  and  there- 
after, those  Nvlio  may  liavebeen  elected,  shall  proceed 
to  the  discharge  of  their  duties, 
uicgaivo-  Sec.  12.  Any  person  wlio  shall  vote  at  any  election 
ed.  in  the  City,  who  has  not  the  quahncation  required  by 

law,  shall,  on  conviction,  be  fined  not  less  than  twenty 
dollars,  and  imprisoned  not  more  tlian  thirty  days, 
one  or  both  at  the  discretion  of  tlic  officer  trying  the 
offender. 


ARTICLE  2. 


Duties  of  Sec.  18.  It  slial]  l)c  the  duty  of  the  Mayor  to  pre- 
side at  all  meetings  of  the  City  Council,  and  shall 
froni  time  to  time  lay  before  the  Council  in  writing- 
such  alterations  in  existing  laws,  and  such  measures 
for  tlie  good  government  and  interest  of  tlu^  city  as 
he  may  deem  necessary  and  propjcr. 

Mayormust     Sec.  14.  It  shall  bc  tlic  duty  of  the  Mfiyor  to  see 

seethatoffi-    ,  n        i  i  i        i  '•  c    •  V  ,>   n  i 

cersper-     that   all   the    hiws   of    the   city   are   laitinully   and 

form  their  i  n   i  '  n      Vi 

<iuties,  and  i^rouiiitly  cxccuted  ;  and  he  must  reiiort  to  tlie  Coun- 

leport  neg-  ^  ^      •'  •  n  i  ^ 

ligenf-eto    cil  aiiv  neoclii^ence  or  misconduct  on  the. part  of  any 

council.  ./        ^o    o  X  ,j 

of  the  officers  or  employees  of  the  city,  and  he  shall 
perform  such  other  duties  as  the  charter  and  amend- 
ments thereto,  and  the  laws  of  the  city  may  require 
of  him. 
Salary.  Sec.  15.  For  tlic   performance  of  his   duties   the 

Mayor  shall  receive  an  annual  salary  of  eight  hundred 
dollars,  payable  quarterly. 


CITY   COUNCIL — CLEKK   AND  TAX   COLLECTOK,    AC.  37 


ARTICLE   3. 

CITV  COUNCIL. 

Sec.  16.  The  City  Council  shall  meet  regularly  on  Ho.miiar 
the  last  Saturday  of  each  uioutli,  for  the  transaction  '"  '  "'^''" 
of  such  business  as  may  be  broui^ht  before  it.     Five 
members  shall  constitute  a  (|uorum  at  any  and  all 
meetings. 

Sec.  17.  There  mav  also  be  meetings  called  by  thecaiiod 

Ml        ,  /-I  '  •!  i  "^  .  •  i      1  •    1    meetings. 

ayor,  or  by  two  C\»uncilmen,  at  any  time  ;  at  which 

called  meetings,  however,  no  ap[)ropriations  exceeding 
fifty  dollars  in  amount,  shall  be  made,  nor  any  ordi- 
nance or  resolution  adopted.  re(juiring  such  aj»|>ro- 
priatioii,  nor  any  change  made  in  the  existing  laws 
and  ordinances,  unless  eveiy  memlier  of  the  City 
Council  at  the  time  in  the  State,  has  had  notice  of 
the  meeting,  and  of  the  business  proposed  to  be 
transacted. 

Sec.  18.  Every  ordinance  which  shall  have  passed  M-ayor'.s  ap- 
the  City  Council,  shall  be  presented  to  the  Mayor  for  .iinano.es re- 
his  aj)proval  and  signature,  and  if  he  ap])roves  and 
signs  the  same,  it  shall  become  a  law  ;  and  if  he  should 
not  approve  it,  he  must  return  it,  with  his  ol)jections 
in  writing,  to  the  Council  at  their  next  meeting.     In 
cases  of  nun-approval,  or  failure  to  return  the  ordi- Atwo-tiiinis 
nance,  the  Council  shall  proceed  to  re-consider  their  pliss  ordi- 
vote,  and  in  case  two-thirds  of  the  Council  })resent  n'myoi's 
vote  for  the  adoption  of  the  ordinance,  the  same  shall 
become  a  law  ;  otherwise  it  shall  not. 


ARTICLE  4. 

CU'AiK  AND  TAX  COM.ECTUK  AND  TAX  ASSESSOK. 


Sec.  l!>.  There  shall  be  annually  elected   by  the  Eiortionof 


dork. 


City  Council  a  Clerk  of  the  city,  who  shall  give  bond  Uond 
in  the  sum  of  ten  thousand  dollars,  conditi(»nrd   for 


38  OLERK   AND   TAX    COLLECTOR   AND   TAX    ASSESSOR. 

the  laitlit'ul  performance  of  all  duties,,  which  may  be 
legally  imposed  on  him,  as  Clerk  and  Tax  Collector 
and  Tax  Assessor  of  the   city.     He   shall   keep  his 

Must  attend  office  in  tlic  City  building,  and  attend  therefrom  nine 
"  A,  M.  till  t\vo  r.  M.  every  day,  Sundays  excepted. 

Mustattend      Sec.  20.  It  shall   lie  the  Clerk's  duty  to  attend  all 

and  keep  .  i.    i       /-n-        /^  -i  i  i   '  i 

records  of  meetings  ot  the  City  Council,  and  make  and  preserve 

proceed-        /»    n  t  '  .  n  ■,.,■, 

ingsat       full  and  complete  minntes  of  all  Droceediiii's  ot  the 

meetings  of  i  •    i 

council.      Council.     He  shall  keep  a  separate  book,  in    which 

shall  be  entered  in  full  all  ordinances  and  laws  of  the 

Must  pre-    elty,  M'ith  a  copious  index  thereto.     He  must  tile  and 

serve  pa-  ^  '  _  ^  ^ 

IfoVs^^     preserve  in  his  office  all  books  and  papers  of  all  kinds 
Must  keep  belonging  to  the  city.     He  must  keep  a  book  of  ac- 
cityfinan-    couiits,  ill  wliicli  shall  be  entered  regularly  a  state- 
ment of  all  amounts  of  money  received  l)y  him  for 
and  on  account  of  the  city,  and  all  payments  made 
by  him  to  the  Treasurer ;  said  book  mnst  show  the 
date  and  sonrce  of  every  receipt  of  money.     He  shall 
make  entries  of  all  appropriations  made  by  the  City 
Must  draw   Council ;  and  all  warrants  therefor  must  be  drawn  by 
Treasury     hiiii  Oil  the  City  Treasurer,  and  he  must  record  the 
priations.    date,  luimber,  and  amount  of  the  warrant,  and   to 
whom  payable,  and  take  receipt  from  the  person  to 
whom  it  was  paid.     He  shall  perform  such  other  du- 
ties as  may  be  required  of  him  by  law  or  ordinance 
Salary.        of  the  city.     He  shall  receive  a  salary  of  four  hun- 
dred dollars  per  annum,  payable  quarterly,  in  addi- 
tion to  fees  as  clerk. 
Shall  be  tax     Sec.  21.  The  Clcrk  shall  also  be  Tax  Collector  of 
the  cky."^  °^  the  city,  and  as  such  it  shall  be  his  duty  to  proceed 
Heidac-      immediately  on  the  assessment  of  the  taxes  to  the 
forUie  ^    collection  of  the  same,  and  shall  be  chargeable  and 
amount  of  licld  accouutablc  for  the  wliole  amount  of  the  assessed 
Exception,  taxcs  ill  cach  year,  and  shall  only  l)e  released  from 
such  liability  by  showing  insolvency  of  the  person 
whose  taxes  he  has  failed  to  collect,  and  by  showing 
the  impossibility  of  the  collection  of  the  taxes  uncol- 
lected.    He  shall  receive  a  salary  as  such  of  two 
hundred  dollars  per  annum,  payable  quarterly,  and 
such  fees  as  are  allowed  by  the  tax  laws  of  the  city. 


TKEASUREK.  39 

Sec.  22.  It  sluill  be  liis  duty  to  i)av  over  to   the  Mus-t  pay 

.  .  ,'•,.'..  .       I  over  nioncv 

Treasurer  once  iii  every  niontli,  and  otteiier  it  reciuircd  to  tre.isuror 

111-  1  and  report 

by  the  Council,  all  money  collected  by  Iinn,  and  report  to  council, 
to  the  Council  at  every  regular  meeting,  the  amount 
so  collected  and  paid  over,  Avhich  said  reports  must 
be  filed  and  abstracts  thereof  entered  on  the  minutes 
of  the  Council. 

Sec.  23.  lie  shall  make  diligent  incpiiry  and  at  every  Must  m- 

,    I       ^-^  ''•1  '  111  quire  for 

regular  meeting  oi  the  Council,  report  any  and  all  tax-  and  report 
able  property  not  included  in  the  assessment,     baid  taxable 

.  .      .  ,  inopcrty. 

report  shall  contain  a  descri])tion  of  the  property,  and 
the  name  of  the  owner  or  oAvnors  thereof,  and  the 
valuation  thereof,  verified  by  his  affidavit.  The 
Council  shall  thereupon  proceed  to  assess  said  prop- 
erty as  in  other  cases. 

Sec.  2-1-.  The  Clerl<  shall  also  be  caj  ojficio,  assessor 
of  the  taxalde  iiersonal  i)ro])erty  of  the  city,  and 
shall  as  such  perform  the  duties  required  of  him,  and 
receive  the  fees  allowed  by  the  tax  laws  of  the  city, 
and  shall  also  recciAC  a  salary  of  one  hundred  dollars 
per  annum,  }iayable  (puirterly. 


ARTICLE  5. 

TREASUKEK. 

Sec.  2.).  There  shall  be  annually  elected  by  the  Treasurer's 
City  Council  a  City  Treasurer,  who  shall  give  bond  n»n.i. 
in  the  sum  of  five  thousand  dollars,  and  receive  a 
salary  of  two  hundred  and  fifty   dollars  per  amiuni,  i^aiary. 
payable  quarterly. 

Sec.  2»i.  It  shall  be  the  Treasurer's  duty  t(»  receive  Mu^tro- 

•'  eoivp  anil 

from  the  City  Clerk  and  safelv  keeii,  all  money  be- •'•r*'"""' <or 

aI         ^  .  I  ^  J  ,.,(y  rev. 

longing  to  tlie  city,  coming  from  evei-y  source,  and  <'iii' -. 
j)ay  the  same  out  only  by  the  approi>riation  of  the 
City  Council,  on  the  warrant  of  the  City  Clerk,  and 
shall  keep  a  regular  account  of  all  moneys  j'eceived 
and  paid  out  by  him  on  account  of  the  city,  and  shall 


40 


MAKSHAL. 


make  quarterly  reports  (.)f  liis  receipts  and  payments, 
to  the  City  Council. 
Must  pre  Sec.  27.  Hc  sliall  carefully  Hie  and  preserve  all 
and  papers,  books  and  papers  connected  with  his  ofUce,  and  de- 
liver the  same  on  the  expiration  of  his  term  to  his 
successor. 


ARTICLE  6. 


■Mnrshal's 
election. 


Bond. 


Salary. 


Oath. 


Duties. 
Must  patrol 
the  streets. 

Preserve 
order. 


Execute 

process. 

Shall  eon- 
trol  poHcP 
viid  patrol. 


Shall  keep 
streets  in 
order. 


Sec.  28.  The  City  Coaneil  shall  annually  elect  a 
City  Marshal,  to  serve  one  year,  or  until  his  successor 
is  elected  and  qualified,  who  shall  give  bond  in  the 
sum  of  one  thousand  dollars,  conditioned  for  the 
faithful  discharg-e  of  his  duties,  and  receive  as  com- 
pensation one  thousand  dollars  per  annum,  payable 
quarterly.  Before  entering  upon  the  discharge  of  his 
duties,  he  must  take  and  subscribe  the  following  oath, 
viz : 

"  I, ,  do  solemnly  swear  that  I  will  faith- 
fully discharge  all  the  duties  of  City  Marshal  of 
Selnia,  to  the  best  of  my  ability  and  knowledge, 
without  fear,  favor  or  partiality,  so  help  me  God." 
The  bond  and  oath  must  be  filed  by  the  Clerk. 

Seu.  2!.>.  It  shall  l)e  the  duty  of  the  Marshal  to  patrol 
the  streets  of  the  city  at  all  reasonable  hours,  but  especi- 
ally on  the  Salibath  ;  to  })rescr"S'e  order,  and  arrest  all 
violators  of  city  laws  or  ordinances,  and  bring  them 
before  the  City  Court,  and  to  slop  all  rude,  riotous  or 
disorderly  conduct.  lie  shall  execute  all  warrants, 
subpaMias,  and  other  process,  issued  by  city  authority. 
The  Deputy  Marshal  and  all  policemen  and  patrols 
diall  Ije  under  the  direction  and  control  of  the  Mar- 
shal. 

Sec.  30.  It  shall  be  the  Marshal's  duty  to  see  that 
the  streets  are  kept  in  good  and  proper  condition,  and 
he  sliall  have  a  general  superintendence  of  all  who 
may  be  working  on  the  streets. 


CITY   ATTORNEY. 


41 


Skc.  31.  The  Mnrslial  shall  inake  out  and  kcc])  a  siiaiHvj,>^<- 
correct  list  of  all  persons  liable  to  pcrtbrni   Patrol  j;;;;i|-^«»^^r<-- 
duty,  divide  tliem  into  squads,  and 'appoint  leaders  t^''-^- 
for  every  squad,  and  report  daily  to  the  C^lcrk  all  de- 
faulters from  ])atr<)l  duty. 

Si-:c.  32.  The  Marshal  shall  he  vii;ilant,   and   take  spoomuiuty 

to  enlorco 

all  proper  means  to  prevent  the  violation  of  all  the  ^['^^^''^;;^"'^'^ 
laws  relative  to  slaves  and  free  nejiTocs,  and  especiallv  "'•""' "p- 

~  '  J-  •    groi's. 

the  laws  respectinix  illegal  trafHc  with  slaves. 

Sec.  33.     The  Marshal  shall  collect  all   lines  and  Must  poiiect 

and  pny  to 

forfeitures  and  costs,  find  innnodiatelv  pav  over  the  •''^'''k  tine?, 
same  to  the  Citv  Clerk. 


ARTICLE   7. 

riTV  ATTOKNF.V. 

Sec.  31.  There   shall   he  elected   annually  hy  thcEiertion. 
City  Council,  a  City  Attorney,  whose  duties  shall  be  :  Duties. 

1.  To  institute  and  cany  on  all  actions  of  law  or 
in  e(|uity,  in  favor  of  the  city,  to  linal  judgment,  and 
to  defeiul  all  suits  brought  against  the  city  where 
a  defense  shonld  be  made. 

2.  To  appear  before  the  City  Court  mIkmi  ntjtilied 
by  the  Mayor  or  a  Councilman,  and  ])rosecute  all 
persons  charged  with  violations  of  the  laws  or  ordi- 
nances of  the  city. 

3.  To  investigate  all  titles  on  behalf  of  the  city 
where  required,  in  wiiting,  and  furnish  written  reports 
thereof. 

4.  To  give  a  written  opinion  on  any  question  of 
law,  when  re(piired  by  resolution  of  the  City  Council 
or  written  request  of  any  nuMuber  thereof. 

5.  To  reduce  to  writing  all  contracts  where  thecity 
is  a  party,  and  to  ap])rove  such  written  contracts  be- 
fore the  same  are  jterfected. 

6.  To  furnish  the  Mayor,  when  required,  with  a 
Avritten  statement,  ]»reviuus  to  the  trial  (tf  every  case 
pending,  where  the  city  is  interested,  fully  advising 


43  orrY  printer. 

him  as  to  tlie  legal  points,  tlie  testimony  necessary 
for  the  city,  and  all  other  matters  relating  thereto. 

7.  To  furnish  the  Council  with  a  written  statement 
of  all  suits  pending,  wherein  tlie  city  is  interested,  at 
least  twice  every  year, 

8.  To  pay  over  all  money  collected  as  Attorney 
for  the  city,  within  live  days  after  the  collection. 

Salary.  Sec.  35.  Tlic  Citv  Attorney  shall  receive  a  salary 

Bond.  of  two  hundred  dollars  per  annum,  payable  cpiarterly, 
andrijinst  give  bond  in  the  sum  of  one  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  his 
duties,  and  shall  also  receive  fair  and  reasonable  fees 
tor  all  services  rendered  the  city  outside  of  the  city. 


ARTICLE  8. 

CITY    PRINTER. 

Election.  Sec.  36.  There  shall  be  annually  elected  by  the 
City  Council,  a  City  Printer,  who  shall  receive  such 

Pay.  pay  as  may  be  determined  at  the  commencement  of 

each  municipal  year. 

Duties.  Sec.  37.  It  shall  be  the  duty  of  the  City  Printer  to 

publish  all  laws,  ordinances,  notices  and  advertise- 
ments of  all  kinds  which  the  City  Council  may  re- 
quire to  have  printed  and  published,  and  also  to  print 
promptly  and  neatly  any  and  all  matter  which  the 
City  Council  ma}^  require  to  have  2>rinted,  for  and  on 
account  of  the  city. 

Bond.  Sec.  38.  The  City  Printer  shall  be  required  to  give 

bond,  with  sufHcient  sureties,  in  the  sum  of  one  thou- 
sand dollars,  conditioned  for  the  faithful  performance 

Forfeiture,  of  his  dutics ;  and  for  any  failure  therein,  or  any 
negligence  or  tardiness  therein,  he  shall  forfeit  any 
anuumt  not  exceeding  the  amount  of  his  compensa- 

Provi.so.  tion,  that  the  City  Council  may  determine ;  provided, 
that  l)cfore  the  Council  shall  proceed  to  declare  any 
such  forfeiture,  the  delinquent  shall  have  five  days 


LIABILITIICS    OF   CITY    OFFICEKS FIJE^.  43 

notice  thereof,  and  tihall  have  opportuuilv  to  isliow 
cause  or  excuse  for  Iiis  dcliiKj,uencj, 


ARTICLE  9. 

M.VIUMTIES  OK  CITY  OFFU'KKS. 

Sec.  oD.  It  sliall  be  lavrfiil  for  tlie  Cit\^  Council  atoffioovs 
any  time,  wlieu  iu  their  jud^-iueut  the  interests  ot  tnemovc.i. 
city  require  it,  and  tlien  only,  to  remove  from  otlice 
any  otiicer  appoiiit^'d  or  elected  by  said  City  Council. 
And  if  deemed  proj)er,  the}'  may  allow  the  vacated 
office  to  remain  \'acant,  or  they  may  at  tlieir  discre- 
tion ]>roceed  to  iill  the  same. 

Siic.  40.  When  any  officer  of  the  city  shall  neglect,  rmiisii^^ 
or  without  sufficient  excuse,  fail  to  discharge  the  duties  hnqnc'S'' 
required  of  him  by  city  laws  or  ordinances,  the  City 
Council  may,  at  their  oi)tion,  proceed  to  bring  suit 
against  the  delinipicnt  on  his  bond,  or  may  declare  a 
forfeiture  Vjf  any  portion   of  the  delinquent  officer's 
compensation,  after  having  given  him  live  cj^^i's  notice  Notice. 
in  writing,  stating  the  delintjuency  complained  of, 
and  the  time  and  place  of  the  meeting  of  the  Council. 
And  the  alleged  deuiKpaent  shall  hiivo  opportunity 
to  make  Iiis  defense  in  person  or  by  counsel. 


ARTICLE  10. 


Sec.  41.  The  following  fees  sliall  be  i)aid  to  officers 
hereinafter  nanied.     A   Conncilnmn   i)erforming  tlie 
duties  of  the  ]\[ayor,  shall  be  entitled  to  the   i'evi^  al- 
lowed the  Mav«>r. 
(I 


44  FEKS. 

Mayor.  1.    To  the  MutJOl'  / 

Fur  every  license  granted  by  liini ^1  00 

Fur  every  cxecntion  signed  l>y  liim 50 

couii.iimcn      2.  To  tt  Councihiuui : — 

For  trying  any  case 1  00 

Clerk.  3.  To  the  Clerl: : — 

Fur  every  license  issued  Ijy  him 1  00 

Fur  every  statement  or  executiunlVir  taxes  issued 

l)y  liim 50 

For  levying  the  same  an<l  luuking  money  there- 
on, the  same  fees  that  are  allowe<l  hy  State 
law  to  Tax  Collectors  for  similar  services,  hut 

in  no  instance  less  than 1  00 

Fur  nudving  deed  to  real  estate,  sohl  for  taxes  or 

Tinder  execution 2  00 

For  issuing  suhponia  fur  a  vitness.. 25 

Marsiiai.         ^-  To  the  Marsluil : — 

^      '  For  arresting  an  oifender 2  00 

For  summoning  a  witness 25 

Fur  C(»niining  an  offender  in  city  prison 1  00 

For  Avhipping  a  negro 1  00 

For  every  horse  taken  up  aiid  }»ut  in  li\'ery  stable  1  00 
For  levyjiig  execution  and  making  niuney.  ...    1  00 

Fur  takiii^lSiUny  l)und 50 

Fur  serving  mifices  uf  any  kind.  . ./. 25 

Fur  taking  up    and    impuuiuHm^liugs,    guats, 

sheep,  &c.,  each*,  r. ...... 25 

Fur  feeding  the  same  per  day 10 

City  not  ^i^t;.  42.  The  city  shall  nut  l)e  re(piired  to  pay  the 

fees.'''"'^  fees  mentioned  in  the  foregoing  section,  (excej)t  to 
Councilmen,)  in  cases  where  the  person  tried  has  been 
acquitted,  or  l)eing  convicted,  shall  l)e  insolvent. 


TAXtS.  45 


CHAPTER  III. 


FIXAXOIAL  AND  CO:\rMERCIAL  REGULATIONS. 


AnTiCLE  1.    Taxos. 

"       ti.  License's  and  Licenseil  Occnpatinns. 
"       i\.  Market  Koa;ula1ioiis. 
"       4.  Wcishfs  and  Meas\ni's. 


ARTICLE  1. 


^Kc. -i;].  The  City  Council  shall  cause  an  animal  Viiiuntion of 
valuation  to  be  made  (»!'  all  the  real  estate  "within  the  for  taxation 
cori">orate  limits  of  the  City  of  Selnia,  suhject  to  tax- 
ation. Said  assessment  shall  be  made  by  three  dis- 
creet and  C(nn|)etent  ])ersons.  Avho  shall  be  freeholders 
in  said  city,  and  "who  shall  be  ai)|)ointed  l)y  the  City 
Council  for  that  |)ur])ose,  at  their  meeting  held  in  '• 
April  of  each  year ;  and  it  shall  be  the  duty  of  such 
})crsons  to  proceed  to  dischariji;e  the  duties  cftmmitted 
to  them,  as  soon  as  practicable  ;  to  make  out  a  care- 
ful schedule  of  all  lots  (">r  ]")arcels  of  land,  in  said  city, 
subject  to  taxation,  and  <lesignate  and  describe  the 
same,  by  nmnbers  or  otherwise,  so  tliat  the  same  may 
l)e  ascertained  liy  the  numl)crs  or  descriptions  ;  and 
thereu[)on  the  said  assessing-  connnittee  shall  proceed 
to  assess  the  value  of  each  and  every  lot  or  ])arcel  of 
land  in  said  city,  on  the  1st  day  of  May ;  in  every 
case  statiui>-  the  name  of  the  owner  at  that  date,  when 
knoM'U,  or  when  mikuown,  so  stating. 

Sne.  44.     On  the  comjdetion  oi'  said  schedule   and  Kctmn  of 
valuation,  tlic  same  shall  be  returned  to  the  otiice  of  "oacrkr" 
the  Clerk  of  the  city,  where  it  shall  be  oj)en  to  the  f" oi^eotiKs 
insi)ection  of  all  persons  interested  therein;  and  it  i"on.f.°'"'*''^" 
shall  be  the  duty  of  the  Clerk  tonotifv  the  Mayor  of 
such  filing,  whereupon,  it  shall  bo  the  duty  of  the 
Mayor  to  cause  notice  to  be  given  by  advertisement 
in  some  news]ia]")cr  ])ublislied  in  said  city,  for  ten 
days,  notifying  all  jici'sons  interested  that  said  sched- 


4:6  TAXES. 

iile  and  assessment  has  been  made,  and  is  on  lile  in 
the  Clerk's  othce,  and  opan  to  the  inspection  of  all 
persons  interested,  and  reqniring  all  persons  whojonay 
he  dissatisfied  with  said  assessment  of  their  property, 
to  come  in  within  ten  days,  and  iile  with  the  Clerk  of 
the  city  their  objections  to  said  valnations  or  assess- 
ments, which  objections  ninst  be  in  writing;  and 
when  no  objections  shall  be  so  tiled,  within  the  pre- 
scribed time,  the  owner  or  owners  of  the  land,  as  val- 
ued or  assessed,  shall  not  have  the  right  thereafter  to 
Council  object  to  sucli  asscssmcnt ;  but  the  City  Council  shall 
asses^men't.  liavc  the  right  and  power  at  any  time  before  final  action 
on  said  assessment,  to  make  such  corrections  in  the 
valuation  as  the  facts  and  justice  may  seem  to  require; 
provided  that  in  cases  where  the  Council  shall  in- 
crease the  valuation,  as  made  by  the  assessors,  the 
party  or  parties  interested  shall  have  ten  days  within 
which  to  make  objection  to  the  increased  ^^aluation. 
Council  to        Sec.  45.  After  theexpiratioii  of  the  time  proscribed 

determine     ^        r.^  -,  •         .  ,-.  •  i     •       i     ti    i         i  i 

ohjections.  lor  Tiling  objcctious  RS  atoresaitl,  it  sJiall  be  the  duty 
of  the  City  Council  on  a  day  named  in  said  adver- 
tisement, to  proceed  with  all  convenient  dispatch  to 
hear  and  determine  all  such  objections  so  filed  in 
writing,  on  such  testimony  or  facts  as  may  be  within 
their  knowledge,  or  may  be  produced  before  them  by 
the  parties  interested ;  and  if  it  shall  appear  that  any 
of  the  valuations  are  incorrect,  they  shall  alter  such 
valuations,  by  raising  or  reducing  them,  as  the  facts 
of  the  case  may  in  their  judgment  render  proper  and 
just,  otherwise  the  valuation  as  made  shall  stand; 
and  for  this  purpose  the  Council  may  adjourn  from 
time  to  time  until  such  objections  shall  be  disposed  of. 

sciiieofvai-     Sec.  46.  In  all  such  assessment  or  valuations  of 

beequX^''  laiids  withiu  said  city  such  scale  and  system  shall  be 
adopted  as  shall  be  calculated  to  render  such  \'alua- 
tions  as  nearly  equal  and  equitable  between  the 
owners  thereof  as  may  be  practicable. 

Clerk  to  Sec.  4T.  It  shall  be  the  dutv  of  the  Citv  Clerk  to 

lieeprecord  ,  ■'  «     i'      r^  m 

of  proceed- l^eei-)  ft  rccoi'd  ot  all  the  proceedings  ot  the  Council, 
and  enter  the  same  ujion  the  minutes,  m  relation  to 


TAXES. 


47 


tlie  deteniiiiiiug  of  objoctioiis  which  mny  bo  made  to 
valuations  of  lands,  as  herein  provided. 

Sec.  48.  After  the  valuation  and    assessment,  as  certitionto 

t')  schedule 

aforesaid,  shall  have  been  completed  and  approved 
by  the  City  Council,  the  valuation  as  made  and  the 
approval  thereof  shall  be  certified  by  the  Clerk  and 
Mayor  of  the  city,  under  the  seal  of  the  cit^^,  which 
certificate  and  seal  shall  bo  attached  to  the  schedule 
of  valuation,  and  make  reference  to  it. 

Sec.  49.  The  Citv  Clerk  shall  1)0  assessor  of  the  The  cioik 

.  ,  .       "  .  ,  .         1  .  ,  to  be  asscs- 

taxable  iiersonal   lu'oiiertv  withm   the  citv,  ami  asf^orofper- 

1       '  T  1       h'  »  -\r       sonal prop- 

such  he  must  for  ton  days  jnocediuii;  the  1st  ot  JMayorty. 

of  every  vear,  ])v  advortisemont  in  the  citv  )iewspa- Notice  to 

.  ."  ,     ■  .  r'l      •    'i  •        iu  taxpayers 

per,  notifv  and  ronuiro  all  ])orN()ns  to  nle  in  ins  omce,  to  fumisii 
by  the  l(>th  day  of  May,  coni[)loto  schedules  or  state- <■''' piopcity- 
ments  inider  oath,  settini;'  forth  the  amount  and  de- 
scription of  all  their  pergonal  jiroj^orly  subject  to  tax- 
ation, the  amount  of  sales  of  merchandise  foi-  twelve 
months  next  precedin<>'  the  1st  of  May,  and  all  other 
subjects  of  taxation,  except  real  estate,  which  they 
may  have  in  the  city  on  the  1st  of  May ;  and  the 
Clerk  must  also  fui'uiKh  all  persons  who  may  ask  for 
the  same  with  blank  lists  or  scliedules. 

Sec.  50.  In  case  the  said  schedules  are  not  filed  by  ciork  to  .i.- 
the  1 0th  of  May  of  each  year  it  shall  lie  the  Clerk's  "h "(ii.u-s 

,  ,'    .  T       '    1  1  1       ,»      n  of  tliose  f:lil- 

uuty  to  proceed  immediatelv  to  demand  ot  all  persons  ingtohrin- 

,        '.  ,  ,  ,  "  ,  111  them  Ml. 

havinp:  taxable  personal  propei-ty,  the  schedules  men- 
tioned in  the  ju-ecedini;-  section,  and  in  case  they  re- 
fuse or  fail  on  demand   to  render  the  same,  or  if  aAndmakc 
schedule  is  rendered  which  the  assessor  has  reason  toui'ps^of 

1      ,.  .       .  i     ■,     •       1  1  1       -   •       1     ,         .      thouc  refim- 

beiieve  is  incorrect,  it  is  iierel)y  made  Ins  dutv  totofmnish 

111  1  11  •    i'  tllClll. 

adopt  the  bosc  means,  and  resort  to  tlie  best  evidence 
which  may  be  available  to  ascertain  the  true  amount 
and  descrii>tion  <jf  the  taxable  })ersonal  projiorty 
aforesaid  and  report  the  same  to  the  City  Council. 

Sec.  T)!,    The  Clerk   shall    be  entitled  to  receive  i.>p,,,oi,f, 
from  every  ]HM-son  who  fails  to  file  his  schedule  in  {)y tho.ie'^'^ 
the  manner  required   in  the  two  prccedini;  sections,  fiio^da-d" 
for  every  visit  oi- ai»i>li('ation  he  may  make  to  them"''"" 
lor  said  schedules  the  sum  of  twentv-fivc  cents,  and 


4s 


TAXE: 


ill  case  it  becomes  his  cluty  by  reason  of  a  taihire  or 
refusal  to  render  the  same  to  prepare  and  report  the 
same,  he  cliall  be  entitled  to  a  fee  of  two  dollars, 
whicli  said  snms  are  to  be  taxed  with  the  other  taxes 
and  collected  in  like  manner  from  the  person  or  per- 
sons liable  therefor. 
Ketiun  of        Sec.  52.  Wlicn  tho  asscssor  sliall  have  c<impleted 
to'citA-"'""  the  schedules  and  statements  of  all  personal  property, 
its  appiovfii  and  persons,  and  sales  of  merchandise,  and  all  other 

and  certifi-  .  iij*j_inii' 

eatetheioofsul»jccts  01  taxation,  cxccpt  I'cal  estate,  it  shall  be  ins 
duty  forthwith  to  make  a  clear  and  complete  state- 
ment thereof  to  the  City  Council,  and  after  the  Coun- 
cil shall  have  examined,  corrected,  if  any  corrections 
shall  be  needed,  and  approved  the  said  returns  or 
statements,  the  same  shall  be  duly  certified  by  the' 
Mayor  and  City  Clerk,  under  the  seal  of  the  city,  as 
correct  schedules,  according  to  tlieir  import. 
The  assess-:  Sec.  53.  The  assessments,  valuations,  schedules,  re- 
must  be      ports  aiul  cei'tincates,  herein   above  rcquireti  to   be 

eompleted    ^  t         .   n  i  i  i    ^     i    i     x'  ^i 

by  the  10th  made,  must  be  Inlly  made  and  completed  betore  the 

June.  '  .  •'  -  1   jt  ii? 

10th  ol  June  in  each  and  every  year;  and  the  olncer 
or  other  person  through  whose  fault  or  negligence 
the  same  may  fail  to  be  completed  shall  forfeit  such 
sum,  not  exceeding  fifty  dollars,  as  the  Council  may 
determine. 
Mnyormust     Sec.  54r.  At  a  meeting,  to  be  held  after  such  assess- 
amountof   mcnts,  valuatious,  scliedulcs,  rcports  and  certificates 
quilled."  ^^'  shall  have  been  completed,  the  Mayor  shall  he  re- 
quired to  lay  before  the  City  Council  a  statement,  in 
writing,  setting  fortli  the  prol.)able  amounts  of  money 
required  for  carrying  on  the  city  government  during 
the  current  year,  and  specifying  the  various  objects 
for  which  the  expenditures  will  be  needed  ;  and  for 
this  purpose  the  Mayor  may  require  any  assistance 
which  may  be  necessary  from  the  City  Clerk  and 
Council       Treasurer.     The  City  Council  shall  then  proceed  upon 
determine   Consideration  of  the  premises  to  levy  and  assess  such 
ti'^on"* '"'''''"  taxes  as  may  be  necessary  to  meet  the  iinancial  wants 
of  the  city. 

Sec.  55".  It  shall  be  the  duty  of  tlie  City  Clerk  to 


ntof 

t. 


TAXES  49 

make  out  ii  correct  t>tateuiont  from   the  schedules  ol'cieikimist 

tlion  inake 

the  vahuition  of  the  real  estate,  aiul  from  the  sched-  complete 
ules  of  persoual  pro] »i'rtv,  persons  aud  sales  of  mer- «'icnmon» 

1  1        1  .    :>  i  ^  of  taxes iln 

chandise,  and  other  suhjects  of  taxation  within  tlie  ■^'^•jcj^^*^'™^' 
city,  when  returned  and  approved  of,  tlie  amount  of 
taxes  tliereon  due,  according  to  the  rales  of  taxation 
which  may  luive  been  levied  or  assessed  by  the  City 
Council,  with  the  names  of  the  persons  lial)le  t(_)  tax- 
ation ;  aud  when  such  statement  is  concluded  it  is 
the  duty  of  the  Clerk  to  lay  the  sanu^  before  the  City 
Council,  wliereuiK)n  they  shall  examine  the  same  and 
make  sucli  correction  therein  as  may  be  necessary  council  wiii 

'I  V   correct  tlie 

and  projter.     And  thereupon  it  sluUl  be  the  duty  of  «'"*^'"«'"t- 
the  Clerk  and  Mayor  to  certify  the  same,  under  tlie  ccvtificatc. 
seal  of  the  city,  as  a  correct  statement  and  account 
of  the  taxes  due  to  said  city  for  the  current  year,  ac- 
cordiui;-  to  the  valutions  and  assessments,  a])iu-oved 
<tf  by  the  City  Council,  which  statements,  when   so 
made  and  certiiied,  sluill  have  the  force  and  effect  of 
a  indirment  against  the  persons  and  lu'opertv  s])eci- statement 
tied  and  named   in    the  assessments   and   statements  nM-mciit. 
aforesaid,  f(.)r   the  anujmit   of  taxes  shown  tlu'i'eJM,  to 
be  due  in  each  case  respectively. 
Sec.  5(3.  One  half  of  the  amount  of  the  taxes  dueT^'xesdue 

1  i  on  2uth 

ammally  from  each  tax  itayer  shall  be  payable  on  or  •'»"e nn'i  i4 

•I  ^     ■'  -^     "^  on20tliDec. 

before  the  twentieth  day  of  June,  and  one  half  on  or 
before  the  twentieth  day  of  December  of  each  year- 
and  if  not  })aid  when  due  shall  bear  interest  from  Bcm- inter- 
tliosc  dates  ;  and  it  shall  be  the  duty  of  the  Clerk,  for 
liftcen  days  preceding  those  dates,  to  notify  all  tax 
payers,  by  advertisement  in  the  city  newspaper,  that 
he  will  attend  at  his  otiiee  every  day,  (Sundays  ex- 
cepted,) from  the  tenth  to  the  twentieth  of  June,  or 
from  the  tentli  to  the  twentieth  of  December,  as  the 
case  may  lie,  from  !>  A.  M.  till  2  V.  M.,  for  the  pur- 
pose of  receiving  taxes.     E\"erv  person  who  nuiv  fail  i-ves  duo  to 

'  .  ",  '      ,         Clerk  from 

to  pay  his  taxes  at  the  time  the  same  riecomcs  due  aeiinqueniH 
shall  be  liable  to  pay   the  Clerk  for  collecting  the 
same,  in  case  the  same  is  under  twenty-live  dollars,  a 
fee  of  fifty  cents  ;  and  if  between  twenty-five  dollars 


50  TAXES. 

and  one  liiuidrL-d  duUurs  a  lee  of  sevcntj-iive  cents  ; 
and  if  over  one  hundred  dollars  one  per  centum  upon 
the  amount  tliereof.  The  above  fees  arc  to  he  due  to 
the  Clerk  for  collecting  taxes  where  the  saiae  arc  paid 
Avithout  any  further  proceedings  l)eing  had. 
cierktois-  Sec.  57.  But  iu  casc  the  same  are  not  paid  within 
iiientin case  forty  davs  after  they  become  due  it  sludl  be  the  duty 

taxes  ai'f  ''  ',      -,  ' 

notpaid  in  ot  tuc  (jlcric  to  nuiKc  out  a  stntcnicut  of  the  taxes  due, 
which  shall  accorduig  to  tJic  Certified  schedules  and  statements 

liave  force         ^  .    '         t  •    ^ 

ofexeru-     atorcsaid,  which  Statement  shall  be  certiiied  bv  the 

tinns.  ,. 

Clerk  aiul  Mayor  of  said  city  as  a  correct  statement 
of  the  anu)nnt  of  taxes  due  in  such  case  or  cases,  and 
thereupon  said  statement  siiall  have  the  force  and 
effect  of  an  execution,  to  be  returnable  in  all  cases, 
l)y  the  Clerk,  Avithin  thirty  days,  except  in  those 
where  the  property  levied  on  is  j-eal  estate,  and  the 
owners  are  non-residents  of  the  State  of  Alal>anui,  or 
unknown,  in  whicli  cases  tlie  same  shall  be  return- 
able in  ninety  days,  and  when  returned  not  satisfied 
alias  statements,  may  be  issued  and  returnable  in  the 
same  manner  when  deemed  necessary  and  proper  by 
the  Mayor, 
statements  Sec.  58.  All  sucli  statements  may  l)e  levied,  and 
iedandsaies  salcs  aud  collectioiis  n.uide  thereunder,  on  personal 

inaile  there-  j.  i       •  i        i  i  j_ 

underas      pro]>erty,  as  levies  and  sales  on  pei'sonal  property  are 
eutions'      authorized  and  made  under  executions  from  Justices 

levied  on  ,.    . ,        -p,  .   ,  ,  .  ^  , 

personal      01  tlic  i  cacc,  witii  Sainc  adx'ertisemcnt,  where  per- 

l)roperty.  ,  ji  •    •  •     >        i        i  i  i 

sonal  property  sunicient  to  satisly  tlie  demand  can  be 
found ;  and  where  no  personal  property  can  be  found 
liable  to  satisly  the  said  demand  within  the  city  it 
shall  be  the  duty  of  said  Clerk  to  return  the  state- 
ment of  the  same  with  a  certificate  of  the  tact, 
ui  case  1st  Sec.  50.  It  sluill  tlicn  be  the  duty  of  the  Clerk  to 
unsatisfied  make  out  auotlicr  statement  of  same  kind,  and  state 

it  rC"is^iic.'^ 

against  real  therein  that  return  havinii;  been  made  that  personal 

estate*. 

property  sutlicient  and  liable  to  satisfy  the  taxes  due 
in  this  case  cannot  l)e  found,  this  will  be  levied  on 
real  estate,  which  statement  or  order  shall  be  signed 
by  the  Clerk  and  Mayor  of  the  city,  under  the  seal 
of  the  city,  and  shall  have  tlie  force  and  etfect  of  an 


r 


TAXES.  51 

execution,  and  wliicli  may  be  levied  on  lands  or  other 
property  liable  to  levy  and  sale  under  an  execution 
from  the  Circuit  Court  of  Dallas  coinity,  and  such 
property  shall  be  sold  for  the  satisfaction  of  said  de- 
mand with  tlie  interests  and  costs  due  in  the  case. 

Sec.  60.  In  all  such  cases  notice  of  such  sale  shall sniesmust 
be  given  in  some  newspaper  published  in  the  city  fortiseii. 
four  consecutive  weel<s,  specifying  the  time  and  place 
of  sale,  and  giving  the  name  of  the  owner  when 
known,  and  specifying  the  property  to  be  sold.  If 
the  owner  of  the  property  shall  be  unknown,  or  shall 
reside  out  of  this  State,  in  case  the  property  to  be 
sold  shall  be  real  estate,  such  advertisement  shall  be 
made  for  twelve  consecutive  weeks  prior  to  such  sale. 

Sec.  61.  It  shall  be  the  duty  of  the  officer  making  certifipato 
such  sale  to  give  tlie  purchaser  a  certiticate  in  writing,  gei^"'^  '*" 
to  which  shall  be  annexed  the .  certiticate  of  the 
Mayor  and  the  seal  of  the  city,  which  certificate  shall 
conform  to  tlie  requirements  of  the  amended  charter 
of  the  city  of  Selma,  as  found  on  ])age  428,  Pamphlet 
Acts,  1859-60. 

Sec.  62.  The  tax  year  for  said  city  is  hereby  de-  tiic  tax 
dared  to  be  from  Ist  May,  1861,  to  1st  May,  1862,11,%^™ 
and  from  the  same  dales  at  each  succeeding  year^  "^    "•^' 
until  further  changed. 

Sec.  63.  In  all  cases  where  oaths  are  required  to  be  cierk-  may 
administered   under   this  article   the  City  Clerk   oroatii. 
other  officer  who  may  be  authorized  to  act  on  the 
premises  is  hereby  authorized  to  administer  tlie  re- 
quired oaths. 

Sec.  64.  In  all  cases  of  non-payment  of  taxes,  when  clerk's  fees 
statements  shall  be  issued  to  operate  as  executions,  asstatomi-'nfs 
provided  in  this  article,  the  Clerk  of  the  city,  for  is-  in^  ti?ere- " 
suing  and  certifying  the  same,  shall  be  entitled  -to  tlie 
same  foes,  to  be  paid  by  the  party  or  out  of  proi)erty 
liable  for  such  taxes,  as  are  or  may  by  law  be  allowed 
to  Justices  of  the  Peace  for  similar  services,  and  the 
said  Clerk  shall  be  entitled  for  collections  made  under  Fees  nnd 
such  certified  statement  to  tlie  same  fci'S  as  arc  or  pai"(n.y  <ie. 
may  be  allowed  to  Coiistaliles  for  similar  services;  to 
7 

.<  >' 


liii<|ii('iit. 


52  LICENSES   AND   LICENSED   OCCUPATIONS. 

be  paid  in  the  same  iiianner ;  and  all  persons  owin^ 
taxes  to  said  city,  and  all  property,  shall  be  charge- 
able with  all  the  costs  which  may  be  incurred  by  the 
advertisement  and  sale  of  any  property  for  taxes  due 
under  this  ordinance. 


ARTICLE   2, 

LICENSES    AjfD   LICENSED    OCCUPATIONS. 

Persons  re-      Sec,  65.  All  retailers  of  spirituous  liquors,  or  of 

quired  to  i.     t  p        .  t  r> 

takeout      malt  linuors,  or  oi    cic-ars,  keepers  ot    restaurants, 

]iC6IlSGS  "^ 

hotels  and  taverns,  hawkers  and  pedlers,  or  transient 
merchants,  pedlers  of  ice  cream,  keepers  of  ten-pin 
alleys,  billiard  and  ])ool  tables,  venders  of  lottery 
tickets,  owners  of  drays,  wagons,  carts,  hacks,  cabs, 
carriages  and  omnibuses,  kept  for  hire,  or  for  any 
other  than  private  use,  porters  and  day  laborers, 
washerwomen  and  seamstresses,  daguerrian  or  am- 
brotype  or  other  similar  artists,  proprietors  of  cir- 
cuses, theatres,  lecturers  and  other  exhibitors  of  shows 
for  pay,  shall  be  required  to  take  out  licenses,  to  be 
issued  by  the  City  Clerk,  before  engaging  in  their 
several  occupations,  for  which  they  shall  pay  the 
amounts  set  forth  in  the  succeeding  section. 

Sec.  66.  The  following  licenses  shall  be  collected, 
vi;^ : 
For  every  retailer  of  S]3irituous  Liquors  per 

annum $500  00 

For  every  retailer  of  Malt  Liquors  per  annum.     20  00 

For  every  retailer  of  Cigars  per  annum 10  00 

For  every  Restaurant  ])er  annum 10  00 

For  every  Hotel  or  Tavern  Keeper 20  00 

For  every  Hawker,  Pedler  or  Transient  Mer- 
chant      25  00 

For  every  Pedler  of  Ice  Cream 10  00 

For  every  Billiard  or  Pool  Table 25  00 

For  every  Ten-pin  Alley 25  00 


'W^ 


LICENSES    AND   LICENSED   OCCUPATIONS.  ,53 

For  tM-ery  Vender  of  Lottery  Tickets 25  00 

For^very  Omnibus 20  00 

For  every  1  liorse  buggy  kept  I'or  hire 5  00 

For  ever}'  l^iorse  vehicle  kci)t  for  hire 10  00 

For  every  2  horse  veliicle  kept  for  hire 15  00 

For  every  4  horse  veliicle  kept  for  liire 20  00 

For  every  Porter  or  Day  Laborer 5  00 

For  every  Washerwoman  or  Seamstress. ....       3  00 

For  every  Daguerrian  Artist 10  00 

For  every  Circus,  for  each  exhibition 10  00 

For  every  Theatrical  Exhibition,  Show,  Lec- 
ture, Concert,  or  any  other  Show  or  Exhi- 
bition for  pay 5  00 

For  every  Dray,  Wagon,  Cart  or  other  vehi- 
cle used  for  transporting  goods,  or  other 
commodities,  from  one  i^art  ot  the  city  to 
another  for  pay  or  hire,  including  all  lum- 
ber and  brick  wagons,  and  carts,  and  drays 
used  b}'  contractors,  builders  and  others  in 
fnltiling  contracts,  and  for  other  purposes, 
if  drawn  by  1  liorsc,  mule  or  other  animal 

per  annum 10  00 

If  drawn  by  more  than  one  horse  or  other 

animal,  i)er  annum 15  00 

Sec.  CT.  All  ani-aiaJ  licenses  shall  expire  on  the  1st  Liccnt^ps 
day  6f  October,  and  the  applicant  therefor  shall  only  i^t oc^toZr. 
pay  in  proportion  to  the  time  the  license  shall  con- 
tinue. The  City  Clerk  shall  keep  a  full  and  complete 
register  of  all  licenses  issued  l)y  him  ;  and  for  every 
license  issued  by  hitn  the  a])]>licant  shall  pay  one 
dollar. 

Sec.  68.  There  shall  be  no  liccjise  required  for  ex- Exception 
hibitions  or  entertainments  for  the  sole  benciit  of  re- jnw.^*'"''® 
ligious  or  charitable  objects. 

Sec.  69.  Any  and  every  person  failing  to  take  out  Pennitics 
a  license,  as  required  in  Sections  G5,  66,  07  and  68,  takinpout 
sliall,  upon  conviction,  l)C  liahle  to  line.     In  case  the 
amount  of  license  required  from  the  oftender  docs 
not  exceed  fifteen  dollars  he  shall  be  lined  live  dollars 
for  each  day  he   engages  in  said  business  without 


54  LICENSES   AND   LICENSED   OCCUPATIONS. 

••J 

license,  and  if  the  amount  of  license  required  exceeds  ' 
fifteen,  but  does  not  exceed  fifty  dollars  tlie  offemlcr 
shall  be  lined  ten  dollars  for  each  day  he  enica<»:esnn 
such  business  Avithout  license,   |  And  if  the  amount  . 
of  license  required  exceeds  fifty  dollars  the  ofiender 
shall  be  fined  twenty -five  dollars  for  each  day  he  en- 
gages in  such  business  without  license.    / 
Licensed        Sec.  70.  Tlic  owucr  of  cvcry  licensed  dray,  wao-on, 

vehicles  ^  '  o       ' 

numbered  cart  Or  ycliicle  of  like  kind,  shall  be  furnished  by  the 
City  Clerk  witli  the  number  of  his  license,  fairly 
stamped  on  tin  or  iron  plate,  which  shall  be  attached 
to  idle  most  conspicuous  part  of  saidyehicle,  for  which 
the  owner  or  applicant  shall  pay  the  Clerk  fiJ''cent& ; 
and  all  drays,  carts,  wagons  or  like  yehicles  without 
such  number  attached  shall  be  considered  "not  licens- 
ed" and  punished  accordingly.  -. 
Price  for  Seo.  71.  The  pricc  or  char2:e  for  haulintj;  a  load 
Lining,  fy^^j^  on 6/ part  of  the  city  to  any  other  part  thereof 
Amount  of  sliall  be  .y-5  cents.  A  full  load  for  a  one  horse  yehicle 
shall  be  fiye  hundred  feet  of  Inmber,  or  one  hogshead 
of  sugar,  or  other  commodity  of  like  weight,  three 
barrels  of  molasses,  six  sacks  of  salt,  or  not  exceeding 
twelye  hundred  pounds  of  any  article  not  herein  en- 
umerated ;  and  in  that  proportion  for  a  yeliicle  with 
two  or  more  horses  or  mules.  Cotton  shall  be  haided 
at  the  rate  of  ten  cents  per  bale.  If  the  driver  t>f  a 
Penalty  for  liccused  dray,  wagon,  or  other  like  vehicle,  refuses  to 
loadOT^  carry  a  load  from  one  part  of  the  city  to  another,  be- 
tween sunrise  and  sunset,  without  good  excuse,  or 
charges  more  than  allowed  by  this  section,  the  owner 
thereof  upon  conviction  shall  be  fined  five  dollars,  and 
the  driver,  if  a  negro,  punished  with  thirty  lashes. 
Ratesaiiow-  Sec.  72.  Hackmeu  shall  not  be  allowed  to  charge 
more  than  the  following  rates,  viz :  for  carrying  a 
passenger  to  any  place  within  the  city  limits 'twenty- 
fiv#  cents ;  for  a  passmrge»  with  baggage  not  exceed- 
ing one  hundred  pounds  in  weight  fifty  cents.  They 
shall,  however,  be  allowed  to  make  special  contracts 
for  the  use  of  their  hacks  at  a  rate  not  exceeding  one 
dollar  per  hour.     But  after  the  liour  of  ten  P.  M. 


overcharg- 


ed hack 
men 


LICENSES   AND   LICENSED  OCCUPATIONS.  55 

they  may  cliar2:e  double  these  rates.  Any  liackuicn  Ponaiiy  fm- 
viohatiug  the  provisions  of  this  section  shall  be  fined  i"s- 
teii.  dollars,- 'to  t)C  collected  of  the  OAvner  or  agent 
thereof,  one-half  of  which,  when  collected  sluiU  go  to 
the  informer.  If -the  driver- 4>©  a  negro  lie  shall  be 
p««4«hed  with-4he  infliction  of  thirtj-nine  lashes,  in 
;axI4ition  to  tho  ii44d» 

Sec  73.  The  owner  of  every  hack,  carriage  or  cab  naoUs  must 
sliall  be  re(|uired  to  have  the  nund)cr  thereof  painted  eii- 
in  figures,  noteless  than  three  inches  long,  on  the 
lamps  thereof  jTand  to  In^^iung  up  at  all  times  when 
in  use,  on  the  inside  of^R  carriage,  a  cojiy  of  this 
and  the  preceding  sccti^k-and  failing*  to  do  so  shall 
be  fined  not  le^Wuni  lil^uollars. 

Sec.  74.  Every  person  who  sells  spirituous  licpiors,  who  con- 
in  less  quantity  than  one  (piart,  or  sells  liquor  and  taiiers'. 
alloM'S  the  same  to  be  drunk  ui)on  or  about  his  prem- 
ises, is  a  retailer  of  spirituous  li(pu)rs,  and  is  required 
to  obtain  a  license  as  such. 

Sec.  75.  Licenses  to  retailers  of  spirituous  liquors  Kctaiicrs 
must  only  be  issued  by  the  City  Clerl^upon  the  order  only  by 
of  the  City  Coun^l,  and  such  order  must  not  be  given  city  council 
imless  the  applicaiit  make  satisfactory  showing  of  his 
character  and  morals.     Such  license  shall  not  author- 
ize any  one  to  retail  liquors  at  more  than  one  place 
nnder  one  iind  the  same  license. A  •■■■  ~" 

Sec  76.  It  shall  be  unlawful  tor  retailers  to  suffer  RptMikis 
gambling  of  any  kind  to  be  carried  on  on  their  prem- "nt^'i'gmn- 
ises,  or  to  suffer  negroes  or  mulattoes  to  act  as  clerk,  prem^Hcs^ ' 
bar  tender,   tapster  or  drawer  rif  liquors,  or  in  any 
other  capacity  than  as  porter  ;  and  any  retailer  viola- 
ting in  either  respect  shall,  on  conviction,  be  fined 
fifty  dollars  for  every  offence. 

Sec  77.  Any  licensed  retailer  or  other  person  who  Rdiiiicis 
give?  or  delivers  or  sells  to  any  minor,  or  to  any  other  nqn'w  to 

,.        ,1  r,  1  .  •   1         .     1        '  minors  pun 

person  for  the  use  of  such  mmor,  without  the  consent  ishcd. 
of  the  parent  or  guarcnan  of  such- minor,  any  intoxi- 
cating li<piors  of  any  kind  shall,  on  conviction,  be 
fined  not  exceeding  fifty  dollars. 

Sec  78.  Jfo  person  shall  carry  on  the  business  of 


5(>  MARKET   REGULA'nONS. 

Auetioiieors  uii  auctioiieei',  or  sell  for  any  other  person  at  anction, 
real  or  personal  property  of  any  kind  within  the  city, 
■\vithont  lii'st  obtaining  the  appointment  of  city  anc- 
tioneer,  from  City  Council,  for  wliicli  piavilege  lie 
sliall  i^ay  on  all  goods  sold  by  ]iim  at  anction  a  tax 
not  exceeding  one  per  cent,  on  amonnt  of  sales,  or  not 
exceeding  fifty  dollars  per  annum,  except  cargo  sales 
on  foreign  imports,  those  made  by  executors,  admin- 
istrators and  guardians,  as  such,  by  order  of  Court,  or 
under  legal  process  and  under  any  deed,  will  or  mort- 
gage, and  any  person  so  d^^  shall  be  lined  not  ex- 
ceeding fifty  dollars  for  ev^f  ofl'ence. 
Licenses  ^^^-  ^^-  ^^  'liccnse  of  amvkind  shall  be  transfer- 
a^ie'but'fre"  ^^^6  without  pcrmissiou  or  the  C^  Council,  and 
revocable.  ^^^.^^^  j^^  rcvoked  by  the  Council  when  the  owner  is 
guilty  of  gross  violation  of  the  laws  and  ordinances 
regulating  the  business  licensed. 


.      •   ARTICLE   3. 

MARKET  REGULATIOXS,  " 

TimeHiKi  ^^^-  ^^'  "^^^^  market  shall  be  divided  into  stalls, 
renti'nr?'  wliicli  shall  bc  numbered,  and  rented  to  the  highest 
stuUs."  •  -bidtier  at  twelve"(f c^k  M.  on  tlie  1st  Monday  in  Oc- 
tober of  every  year.  One  fourth  of  the  rent  to  be 
paid  in  cash  at  the  time  of  the  renting,  and  the  re- 
mainder to  be  due  in  quarter-yearly  payments  there- 
after, to  be  secured  by  notes,  with  two  good  sureties. 
The  Council  shall  reserve  the  right,  in  case  the  rent 
is  not  paid  promptly,  to  retake  possession  of  the  stall 
and  re-rent  the  same  at  such  time  and  in  such  manner 
as  to  them  may  seem  best. 

Sec.  81.  Anv  person  renting  more  stalls  than  are 

Ivo  persons  c     j.  o  ^     ^ 

runtmore  neccssary  for  his  business  and  retaining  possession 
stalls  than  thcrcof,  after  notified  to  release  the  same,  shall  be 
^''^''y*         liable  to  a  fine  not  exceeding  fifty  dollars  for  every 

day  he  so  retains  possession  of  the  stall  or  stalls  not 

really  needed  by  him  in  his  business. 


WEIGHTS    AND   MEASURES.  57 

Sec.  82.  Market  hours  shall  bcs-in  halt"  an  hour  l)e-  Market 

^  hours. 

fore  daylight  and  end  at  nine  o'clock  A.  M.,  from  the 
1st  day  of  October  to  1st  day  of  April ;  and  half  an 
hour  before  daylight  and  end  at  eight  o'clock  A.  M., 
from  1st  of  A})ril  to  1st  of  October ;  but  on  every  Sat- 
urday the  market  may  remain  open  all  day.  The 
Marshal  shall  cause  the  nuxrket  bell  to  be  rung  at  the 
beginning  and  end  of  market  hours. 

Sec.  83.  No  person  shall  1)C  allowed  to  buv  or  sell  r5''V'np:  <vn'i 

_    _  -'  ^  _  "  st'llingbe- 

/       any  provisions,  except  coffee,  in  the  market  house '"o'"^!'/'."!'' 
before  nuirket  hours  begin,  and  any  person  so  doing 
shall  be  lined  live  dollai's  for  each  offence. 

Sec.  81-.  Any  ])erson  who,  before  or  during  nuirket  speculating 

,  -I  *"   .   .  ,.        ,1  ,.  ,      .        proliibitiii";. 

hours,  buy  ]>rovisions,  lor  the  purpose  oi  Bi)eculating 
on  the  same,  shall,  on  conviction,  be  fined  ten  dollars 
for  each  offence.  _  -^^ 

Sec.  85.  At  the  close  of  market  hours  the  lessees  of  Market. 
the  stalls  shall  be  recpiired  to  have  their  stalls,  benches,  "leaned. 
tables,  cutting  blocks  and  scales,  swept,  scraped  and 
thoroughly  cleaned,  and  any  lessee  violating  this  sec- 
tion shall  be  fined  on  conviction  five  dollars. 


ARTICLE  4^ 

WEIGHTS   AND   MEASURES. 

Sec.  86.  All  weights,  measures,  or  balances,  used  weishts 
in  the  city  for  weighine;  or  measurinc:  any  article  of ''"iinto 

T  11.  1  .  1  •,      ,1   ,  ^State.stun- 

produce  or  mcrcliandise,  or  anything  else,  shall  be  of  <iard. 
the  standard  ado])tcd  by  the  State  of  Alabama,  ami 
one  full  and  complete  set  of  weights,  measures  and 
balances  of  the  standard  aforesaid  shall  be  kept  in 
charge  of  the  Clerk  of  the  city  at  his  office. 

Sec.  87.  Any  person  within  the  corporate  limits  of  Penalty  for 

1  •  1  1      11  11     1  1        1        /»  •    1        sellni};  by 

the  City  who  shall  sell   by  any  standard  of  wei'dit, oiiKMstnn- 

-     ,  1         1       "  1  .         1  .       ,      <>:'r^- 

measure,  or  iialance,  other  than  that  n\entioned  in  the 

l>receding  section,  on  conviction  thereof,  shall  be  fined 

in  the  sum  of  five  dollars  and  costs  for  each  and  every 

oliencc. 


58  WEIGHTS   AND   MEASURES. 

Pcnai^yjor      Sec.  88.  Evei'v  person  fraudulently  using*  any  false 
false  °        weifflits,  measures  or  balances,  in  sellino-  or  buying, 

weights,  &c.  ,      .  °  ^      t?' 

on  conviction  thereof,  be  fined  in  the  sum  of  fifty 

dollars  and  costs  lor  each  and  every  offence,  one-half 

of  said  fine,  when  collected,  to  go  to  tlic  informer. 

Penaifv  for     Sec.  89.  If  any  person  or  persons  shall  sell  any  ar- 

iaise  tide  or  commodity  or  other  thiua;  by  a  fjilse  mark, 

weights,  or  •'  n       j  5 

swincuingin  brand,  number  or  device,  or  fraudulently  sell  falsely 

any  way.  '  ^  J  j 

packed  flour,  sugar,  or  in  any  way  cheat,  defraud  or 
swindle  in  selling  within  the  city,  such  person  or  per- 
sons shall  be  fined,  on  conviction,  in  the  sum  of  fifty 
dollars. 

Sec.  90.  It  shall  be  the  duty  of  the  Marshal  to  go 
round  at  least  once  in  each  and  every  year  and  test 
all  weights,  measures  and  balances  used  by  the  citi- 
zens or  other  persons,  and  brand  the  same  with  some 
uniform  letter  or  device ;  and  for  each  brand  he  shall 
receive  the  sum  of  ten  cents,  to  be  paid  by  the  owner 
or  owners  of  such  weights,  measures  or  balances; 
Provided.)  however,  that  all  weights,  measures,  bal- 
ances, &c.,  having  been  once  stamped  or  branded  by 
the  Marshal,  and  upon  i-e-inspection  by  him,  found  to 
be  correct,  shall  not  be  subject  to  any  charge  for  the 
inspection,  as  in  such  case,  no  additional  brand  shall 
be  i>equired ;  and  for  inspecting  and  regulating  scales 
he  shall  receive  o^e  dollar,  to  bei  paid  as  above. 


STKEETS    AND    ALLEYS. 


5y 


CHAPTER  IV. 

STREETS  AND  SIDEWALK!;. 

Article  1.  Regulations  for  keeping  ui)  and  changing  streets  and  alleys.      > 
"       '2.  tSidewalks. 

"       :l.  Obstructions  and  other  oircnce.-*  rclatinir  to  streets,  alleys 
and  sidewalks. 

ARTICLE  1. 

KKGlI,ATIONS  lOi;  KEtl'lNli  IT  AND    Cil.VN(;iN(;    STREETS    AND  AM-EVS. 

Sec.  1)1.  Even-  white  iiuilc  inluibitant  of  the  city,  ,^^;\"^^„'"^.^*;|: 
between  the  a^vs  of  eighteen  and  forty -live  years,  Xt*  [,oV 
except  those  le^-ally  exempt,  and  all  male  negroes  °"""^ 
between  the  ages  of  fifteen  and  sixty  years,  are  hereby 
required  to  work  n]ion  the  streets  of  the  city,  at  such 
times  as  they  may  be  recpiired  by  the  Marshal  of  the 
city,  not  exceeding  ten  days  in  any  one  year.     But 
an}''  i)ersun  hereby  re(|uired  to  work  upon  the  streets 

•  '  1  •  1  Exoniplion 

may  obtain  exeiwption  therefrom,  by  pay  nig  the  sunn>y  pnynunt 
of  four  dollars  per  annum  into  the  City  Treasury. 

Sec.  92.  Everv  person  failing  or  refusing  to  obev  I't^na'ty  f<r 

•     i  ~  ■■  "   relusiug  to 

the  recjuisition  of  the  Marslial,  to  work  upon  the  pay- 
streets,  and  every  (nvner  or  agent  of  a  negro  so  failing 
or  refusing,  shall,  u})on  conviction,  be  lined  not  less 
than  five  dollars  for  every  such  failure  or  refusal,  an<l 
in  ease  said  tine  is  not  ])aid,  the  debnquent  may  be 
imprisoned  not  exceeding  thirty  days. 

Sec.  1)3.  All  streets  and  alleys,  and  extensions  ufj^.^'/^^^f^'** 
streets  and  alleys,  now  oi)enod   and  laid  out  in  the  pf,','',"^*'^}^.,., 
city  of  Selma,  however  or  l)y  whomsoever  made,  are  i'"'eity''i'^,? 
hereby  declared  to  be  public  streets,  subject  to  bc'**"'"'*^' 
regulated  and  controlled  by  and  disposed  of  only  by 
the  city  authorities.    And  all  streets  and  public  alleys 
shall  be  opened  and  kept  open  according  to  the  width 
hiid  down  in  the  plan  of  the  city  of  Selma. 

Si:c.  04.  No  pt'rson  ,-hall  be  allowed  toopen.  extend 


00  .  f^TKEET.S  A>;D  ALLE\>. 

al'iowoiu"  ^^"  ?^"'^^^^  ^i">'  <^t  the  atreots  in  the  city  oi'  Selina,  with- 
c^'nVstrtb=  *^'^'t  t^^^  consent  of  the  Citv  Council,  and  all  changes, 
*',^„'gi'"nP7' extensions  and  alteration!;  shall  he  dune  under  their 
Council.      (lli-cctiun  and  supervision.     Any  person  violating  this 

section  shall  u])on  conviction  before  the  Mayor  or  any 
Pen^itv.      iiieniher  of  the  City  Council,  be  lined  in  a  sum  not 

exceeding  iifty^  dollars. 
rityc.,u>i.Mi      iSec.  05.  Whenever  the  City  Council  shall  deem  it 

deeming  it  ,.  i-       ^i        •     ,  ,        ,•     i  -^  i> 

expedient    expcdicut  or  ncccssary  tor  the  interest  ol  the  city  ot 

to  oiJen  .        "  -  ' 

jitieotsmnst Ibelma  to  make,  alter  or  extend  any  street  or  alley 

giTe  notice.  .  .  i      .  i      1 1     t       •  i  • 

Within  said  city  they  shall,  belore  making  the  neces- 
sary order  for  such  opening,  altering  or  extending, 
give  ten  days'  notice  thereol,  by  advertisen.'ent  in  one 
of  the  newspapers  of  the  city,  specifying  the  name  of 
the  street  and  where  located,  and  the  nature  of  tlie 
proposed  change,  and  requiring  any  person  or  persons 
oi>posed  thereto  to  ap])ear  l>eforc  the  City  Couneil  at 
a  time  named,  after  the  ex[tiration  of  the  ten  dayii, 
and  make  known  their  objections. 
.Jury  em-  ^^^-  *"^*^'-  ^^\  '^^t'.n'  hfeariug  sucli  ohjectioiis,  the  Coun- 
fo'^lsfl'^^'  <"il  «li^ll  think  proper  tomalfe  such  order  for  the  open- 
ing, altering  or  extending  such  street,  then  it  shall  be 
the  duty  of  the  Marshal,  under  the  order  of  the 
Mayor,  to  summon  a  jury  of  seven  disinterested  free- 
holders, residents  in  the  city  of  Selma,  to  appear  at  a 
certain  time  and  place,  for  the  ]>urpose  of  assessing  the 
damages  Avhicli  may  l)e  done  to  the  proi)erty  of  any 
person  or  persons  by  the  opening,  altering  or  exten- 
sion of  such  street  or  alley. 
•Tiiry  >=>¥ora.  Seo.  07.  Wlicii  SO  assembled  it  shall  be  the  duty  of 
the  Mayor,  and  in  his  absence  or  disqualitication,  of 
any  member  of  the  City  Council,  to  impound  said 
jury  and  swear  them  impartially  to  assess  the  dam- 
ages which  the  property  of  any  person  or  persons  may 
suffer  by  opening,  altering  or  extending  the  sti'cet  or 
alley  shown  them,  taking  into  consideration  the  ad- 
vantage or  disadvantage  which  may  accrue  thereto. 
Sec  08.  The  iury  shall  then  proceed  to  their  exam- 

.Jiuv  pro-  ''■  cij  A  ^ 

t*e^djte^^«''-injition  and  assessment  ot  damages,  according  to  their 
ges  and      ,  of|-,^      Said  asscssmcut  so  made  shall  be  reduced  to 

write  ana      '.'ini"^.       ■^ 


liamage-?. 


SIDEWALKS.  61 

writinpj  and  signod  by  said  jury  and  rotnniod  to  tbe  ^^*H^j,^"^^;|j^  ^ 
Clerk  Avitliin  tlirce  days,  and   ])\  him  entered   in  full 
on  the  records  of  the  city. 

Skc.  99.  Any  person  who  may  1)0  summoned  as  a  iVirIj''r"'pnu. 
juror,  in  accordance  witli  Section  90,  and  who  fails  or  "''"''^• 
refuses  to  attend  at  the  time  and   place  designated, 
shall  on  conviction  he  lined  live  dollars. 

Skc.  100.  Suitable  sign  l)oards  shall  he  placeil  on  J[;;;;;^';'^'-^- 
or  at  the  corners  o£  the  jtuhlic  streets  and  alleys  of  {J".,rj|oH 
Selnia,  with  the  nanu'  of  said  street  (»r  alley   plainly  ^"^*"'''''' 
printed  thereon  ;  and  the  City  Marshal  is  required 
and  empo\wre<l  to  ])rocure  said  sign  hoards  and  put 
them  u}). 

Sec.  101.  If  any  wliile  ]ters(»n  or  persons  shall  break,  vc-nnuy  tor 
tear  otf,  injure  or  deface  an v  such  siij-n  boards  he  shall  sisn  bosids. 
be  iined,  on  conviction,  ten  dollars  ;  and  if  a  slave  or 
free  colored  person   so  olfend   he  shall   l>e  ])unished 
with  thirty -nine  lashes. 

m- 

ARTICLE  2. 

SIDEWALKS. 

Sec.  102.  Everv  o(\'ner,  ni>-ent  oi-  claimant  of  a  lot- '''-opfrty 
shall  make  and  keep  in  irood  reitair  a  sidewalk  on  the  >i"'>ed  to 

i  i^  1  _        niako  Hidc- 

wholc  length  of  the  front  of  such  lot,  of  the  following  }\ni'i^'»»'^ 
M'idth,  viz  :  on  streets  not  over  forty  feet  wide  a  side-'''*^'"f**^*- 
walk  six  feet  wide;  on  streets  forty  feet  and  not  over 
si.vty  feet  wide,  a  sidewalk  eight  feet  wide ;  on  streets 
sixty  feet  and  not  over  one  hundred  feet  wide  a  side- 
walk ten  feet  wide;  on  streets  over  one  lnmdred  feet 
wide  a  sidewalk  twelve  feet  wide. 

Sec.    103.  On  Broad  street,   between  Water  and  in  part'-  of 

_,  ,    Brnad  and 

Selma  streets,  and  on  AVater  street,  l)ctwccn  Churcii  water !<tr-(s 

_  '  sidowftlks 

and  Itreen  streets,  the  material   used  must  be  ijood,niuHtiwof 

.  '     .  bnoU. 

Avhole  l»rick,  or  stone,  witli  l)ank  heads  ot'  h(\'ti:t  jiine, 
cedar  or  st(»ne,  made  of  such  size  and  thickness  as  ihe 
Marsjial  or  Street  Conimitlee  may  ]»rescribe. 


62  SIDEWALK?. 

partaof the  Sec.  10-1-.  Oiitfiiflo  of  tho  al)0vf  iiieiitioued  limits, 
sandTJ/'**  and  upon  every  square  on  Avliicli  tliere  sliall  reside 
more  tlian  one  tenant,  tlie  sidewalk  may  be  made, 
when  and  where  directed  l)_y  the  Marshal  or  Street 
Committee,  of  sand  or  any  material  capable  of  lieing 
made  smooth  and  hard.  It  shall  lie  made  sloping 
towards  the  street  in  such  M^ay  tliat  the  water  may 
not  remain  on  it,  and  the  l)ank  liead  shall  be  of  sncli 
material  as  is  directed  by  the  Marshal  or  Street  Com- 
mittee ;  and  tliere  shall  be  in  all  cases  a  jM-oper  gutter 
across  the  sidewalk,  made  of  plank  or  some  other 
suitable  material,  to  lead  the  w\ater  from  the  yard  or 
lots  into  tho  streets. 

Mnrsiiai  Sec.  105.  Wlicu  any  person  shall  fail  to  conform  to 

shall  build  .  ■'  /  ,.         „       .  . 

.sidewalks    tlic  rciiuirements  ot    the  two  precedmg  Sections  it 

where  own-  •'^  ^  ■.'^       ,.  . 

ers  refuse  to  shall  be  lawful  for  the  Marshal,  under  tlie  direction  of 

do  so,  and 

owners       flic  Street  Committee,  to  proceed  to  liavo  made  or  re- 
must  pay  '       ^ 
cost  thereof  pfiij-ccl  (as  the  casc  may  be)  the  sidewalks,  bank  heads, 

under  pen-    i  ^  . ./  '  ^ 

ahy-  gutters,  etc.,  recpiired  to  be  made.     The  cost  thereof 

must  be  charged  against  and  collected  from  the  own- 
er, agent  or  claimant  thereof;  and  any  one  properly 
chargeable  therewith  and  failing  or  refusiiig  to  pay 
the  cost  thereof,  when  duly  demanded,  shall,  on  con- 
viction, be  lined  not  exceeding  fifty  dollars,  and  im- 
prisoned not  exceeding  thirty  days,  one  or  both,  at 
the  discretion  of  the  officer  trying  the  same. 
Sidewalks        Sec.  106.  All  the  brick  or  stone  sidewalks  upon 
formtoagiv-  eveij  squarc  must  conform  in  grade,  and  it  shall  be 
dei^pcnlity'  the  Marshal's  duty  to  furnish  builders  with  the  proper 
grade,  and  builders  refusing  to  conform  to  the  grade 
furnished  them  shall  be  lined  lifty  dollars. 


ARTICLE    3.  ^ 

OBSTIIUCTIONS    AND    OTHER   OFFENCES    RELATIVE   TO    STREETS,  ALLEYS 
AND     SIDEWALKS. 

Sidewalks        Sec.  107.  No  person  shall  obstruct,  embarrass  or 
o"striio*ted.  encumlier  any  sidewalk  with  cotton,    lumber,  fire- 


STKEETP,  ALLEYS  ANP  ^TDKWALKS.  63 

wood,  inercliandiso,  veliicles  of  any  kind,  or  any  arti- 
cle whatever,  nor  drive  any  liorse,  cart,  dray,  wheel- 
l)arrow  or  carriage  over  the  sidewalk,  (except  to  cross 
it  to  enter  the  lot) ;  nor  sell  or  offer  for  sale  at  pnblic 
auction  or  ontcvy  in  the  streets  or  on  sidewalks  any 
slaves,  or  horses,  oi*  cattle,  or  live  stock,  <?xcept  at  such 
places  as  the  Mayor  may  designate,  nor  expose  for 
public  or  ])rivate  sale  in  tlie  streets  ov  on  the  side- 
walks any  slaves,  goods,  wares  or  mercliandise,  except 
vegetables  and  other  country  ])rodueo,  wliicli  may  be 
sold  upon  the  street,  uw  permit  any  walls,  houses  or 
other  l)uildings  that  are  in  a  broken  or  decaying  con- 
dition liable  to  fall  or  endanger  the  lives  of  persons 
]»asping  by  to  remain  oi"  otherwise  obstruct  the  sido- 
walk.\ 

Sec,  108.  Any  person  violaliiig  the  provisions  of ^^^^,^.}jy ||]f; 
the  preceding  section  shall  be  fined  not  less  than  jive  ■'"'^^^*''"^''- 
dollars,  and  it  shall  l)e  lawful  for  the  Marshal  to  re- 
move the  o]>struction  at  the  expense  of  the  owner 
thereof,  and,^  any  one  liable  for  and  refusing  to  pay 
such  expens^hall  be  fined  not  exceeding  fifty  dollars, 
and  imprisoned  not  exceeding  tliirty  days,  one  or 
both,  at  the  discretion  of  tlie  officer  before  whom  the 
offender  may  l»e  tried. 

Sec.  10!>.  Within  the  lire  limits  no  verandah,  l)al-'^-*|!^;;j};;'','„^ 
cony,  gallery,  awning  or  other  ])rojection  attached  to  loiffl'^h^lu 
any  building  shall  be  erected  at  a  less  height  than 
twelve  and  a  half  feet  from  the  sidewalk,  nor  extend 
beyond  the  width  of  the  sidewalk.  Nor  shall  any 
sign  or  signboard  be  allowed  to  project  over  or  across 
the  sidewalk  ;  ami  all  i)rojections  now  existing  in  vio-si^jn  must 

!•  i»i'i  1111  1  "^  not  project. 

lation  of  this  law  are  hereby  declared  mnsances,  and  Prqiect'ionf' 

.        .      .  ■  declared 

if  not  removed  within  ten  days  after  notice  civen  by  nuiPiineef. 

'^  •'   and  must  be 

the  Marshal  must  be  removed  by  the  Marshal  at  the  ro^o^'ed- 
expense  of  the  owner.  The  posts  or  columns  to  su])- 
port  the  verandahs  or  balconies  must  be  coini)osed  of 
iron  and  ])laced  on  a  line  within  four  inches  of  the 
outer  line  of  tlie  curb  of  the  sidewalk.  No  other 
])roiections  must  be  so  constructed  as  to  be  su]>portcd 
by   any  ])usts  <»r  ])illais  erected  in  Ihe  street  or  on  the 


64  STKEKIS,  ALLEYS  AXf)  81I)PJWALK8. 


r.isis  antl 
pillars. 


side-walk.  JSTorsliall  any  other  posts  or  pillars  be  erect- 
ed in  the  streets  or  sidewalks  (except  temporarily  while 
building,)  but  those  used  to  support  the  telegraph 
wires,  and  for  gas  lights,  and  posts  placed  ou  the  outer 
edge  of  the  sidewalks  to  be  used  for  hitching  horses, 
which  shall  not  be  less  than  four  feet  hig!;.  On 
Water  and  Broad  streets,  as  far  as  brick  pavements 
are  required  to  be  built,  said  posts  must  be  construct- 
ed of  iron  ;  and  all  posts  now  standing  not  eompose<l 
of  iron,  where  iron  is  required,  are  declared  a  nuis- 
ance, and  the  Mai'shal  is  required  to  have  them  re- 
moved. 
oeiinrjioors     Sec.  110.  Evcrv   i)erson  who  shall    build   a  cellar 

above  level  ••      ^ 

of  .sidewalk  Joor  abovc  the  level  of  the  sidewalk  shall,  on  couvic- 

aity^'^^""  '^i^*!^  l>c  lined  live  dollars,  and  one  dollar  for  every 

day  that  the  same  shall  remain   al)ove  the  sidewalk 

after  notice  is  given  to  lower  the  same.     And  every 

cellar  door  now  above  the  sidewalk  shall  be  declared 

and  abated  as  a  nuisance. 

.skilwaTk         Sec.  111.  Every  person  who  shall  erect  steps  on  the 

under'pen-  sidcwalk,  witliout  the  consent  of  the   City  Council, 

"'*^'  shall  be  fined  five  dollars,  and  shall  be  liable  to  a  fine 

of  five  dollars  a  day  as  long  as  the  same  may  reniain. 

fudn°"1de-      ^^c.  112.  Any  pei'son  A^ho  shall  in  any  way  injure 

JutteT."mnst  ^i^.y  sidcwalk  oi'  guttcr  shall  cause  the  same  to  be  re- 

iiuwenty-'''P''iii'Gd  within  twenty-four  hours  thereafter,  and  fail- 

lourhours.  -^^^  ^^  ^^^  ^-[^^  uiav,  ou  couvictiou,  be  lined   five  dollars 

for  every  da}'  tlie  same  remains  unrepaired. 
stoppingve-     Sec.  113.  The  driver  of  anv  vehicle  who  stops  the 

hide  across  ,  i'     t  • 

streeterops-same  in  tlic  strcct  across  and  obstructing  any  street 

ing  prohibi-  ,  .  ,      .     ' 

ted.  crossing,  and  leaving  it  there,  or  refusing  to  move  on 

out  of  the  way  when  requested  by  an  officer  or  citizen, 
must,  on  conviction,  be  fined  five  dollars. 

Horses,  &c ,     Sec.  114.  Auy  pcrsou  leaving  standing  alone  in  the 

attached  to  i  '  i  i  •         i      j_i       i 

vehicles,     strcct  any  horse,  mule,  steers  or  other  animal  attacn- 

mu.stnot  -,  .    1         1     ,1  .      .  1        J.'        1 

standalone    ed    tO  RDV  Vclliclc,  sliall,  Oil    COUVlCtlOU,   l)e    flUed    llOt 
unhitched  "  ,  >  -,    , 

ill  the  street  more   than  ten   dollars;    Fromded^  that  drivers   of 
dravs  may  leave  their  horses  or  mules  alone  if  secure- 

L-X-ceptioii.  •'  •' 

ly  hitched  to  the  wheels. 

Sec,  115.  It  shall  not  be  lawtiil  for  any  person  to 


>!TKEETS,  ALLEYS  AND  8IDEWALK!^.  05 

erect  uny  building  or  fence  in  Sclnia  ho  as  to  encroach  ^l",^lp"'j^.\ 
upon  any  of  tlie  streets  or  alleys,  and  any  person  ^<>;".on!.i'ron'" 
doing,  on  l)eini::  requiretl  by  the  City  Marshal  to  re- ^''■'^'''' 
move  the  same,  and  refusini;-  or  nei:::lc-ctinj>-  to  do  so 
for  twenty  days,  shall  be  lined  in  any  sum  not  excee<l- 
ing  ten  dollars  for  each  day  such*obstr\K'tion  remains. 

Six;.  116.  It  shall  be  unlan-ful  for  any  jierson  at  any  ^,1,,.^, ,i„.t^ 
time,  except  as   provided    in  the  tVdlowing  section,  i,','Jfst'not'ho 
to  sweep  or  throw  n])on  the  sidewalks  or  streets  or ^ho^ij.iewai'k 
alleys  of  tlui  city,  any  ashes,  dirt,   shavings,  .sweep- 
ings or  trash  of  any  kind,  and  any  person  so  offend- 
in":  mav,  on  conviction,  be  lined  not  exceedinii"  ten 
dollars  for  each  otfence. 

Sec.  117.  It   nuiy  be  lawful  for  aiiv   i)ersons,  on  Tr;i,sii.Ar.. 

m  1  1     T-i    •  1  •  1    '    1  1       '  removed  on 

luesdavs  and  Irnlavs  ot  exerv  week,  bv  or  betore Tues.iays 

'  ,  ■  •  .  aiul  Friitajs 

the  hour  of  nine  a.  m.,  to  ])lace  m  a  box  or  barrel  on 
the  edge  of  the  street  befoi'e  their  doors,  any  trash 
and  sweepings  mentioned  in  the  preceding  section, 
which  they  may  wish  to  have  removed,  and  it  shall 
be  the  Marshal's  duty  to  have  the  same  removed  by 
the  corporation  cart. 

Seo.  118.  It  shall  not  be  lawl'ul   fur  any  person  to  Hauling  of 
haul  any  soil  ov  dirt  aiul  deiJosite  the  same  on  any  of  tiie 'street 

1  '  I-     ti    1  •   1  ,.  1    .  "   1       proliil>ited. 

tiie  streets  ol  belma,  without  hi^^f^'onsnltnig  the 
Marshal,  and  ol»taining  his  assent  thereto  :  and  all 
dirt  or  soil  raised  and  thrown  ujion  the  streets,  from 
the  digging  of  cellars  or  otherwise,  shall  be  removed 
by  the  owner  or  oNvncrs  of  said  cellar  or  cellars,  and 
deposited  at  such  ]>lace  or  })laces  as  tiie  City  Marshal 
shall  designate.  Any  person  violating  the  provisions 
of  this  section,  shall,  on  conviction,  be  line<l  not  ex- ^'^"""y- 
cecding  twenty  dollars  for  each  olfence. 

Sec.  110.     Every   person    Avho  shall  obslruct  the  "'"''""•''"^' 
gutters  or  sewers  ot  the  city  with  dirt,  trash,  wood, ''''"""'• 
lumber,  brick  or  other  material,  shall  lie  tincd  live 
dollars,  and  also  be  rcrpiired  to  remfive  the  olistruc- 
tion,  and  failing  to  do  so  he  shall  be  lined  live  dollars 
for  every  day  the  obstruction  remains. 

Sec.  120.  Persons  building  may  be  allowed  to  oc-  p.  rnonf. 
cui»y  one  third  of  the  street  before  the  building  beiii::' ilmy  occupy 


ij{y  STREETS,  ALLEYS  AND  SIDEWALKS, 

one-tiiiid  oi  ^.j.^.(.|-(,(^|   (lii^.jijo;  ii  rousuniiblc  time   for  the  erectiuii 

thereof. 
Pastriciiiig      Sec.  121.  It  sluiU  l)e  unlawful  for  any  person  to 

or  driving  "'     ^ 

prohibited.  y[(\q  or  clrivG  tliroiigli  the  streets  of  Selnia  at  an  im- 
moderate L'/iit,  and  any  white  person  so  doini^  shall  be 
lined  not  exceedine;  twenty  dollars;  and  any  negro 
so  doing  shall  be  pnnished  with  twenty  lashes. 
ni^uftaken       ^^^'  ^^^-  ^^^^7  horsc,  nuirc,  or  gelding,  mnle,  jack 
eeed?n"s'°"  or  jcnny  found  loose  and  rnnning  at  large,  in  any  of 
tiiereupon.  the  sti-ects  or  allcys,  shall  be  taken  np  by  the  Mar- 
shal and  safely  lodged  in  one  of  the  public  stables  of 
said  city,  and  there  kept,  and  it  shall  be  the  duty  of 
the  Marshal  to  post  u})  a  notice  at  the  ])ost  otiice  door, 
describing  the  animals  takeii  up,  and  re(]uesting  own- 
ers to  come  forward,  prove  property,  pay  charges  and 
take  them  away,  or  they  will  be  declared  estrays,  and 
proceeded  with  accordingly. 
Hogs  taken      Sec.  123.  It  sliall  1ie  the  duty  of  the  Marshal  to 
pounded'    take  u}>  or  cause  to  l)e  taken  up  and  impounded,  all 
ceedings     liogs  fouud  running  at  large  in  any  of  the  streets, 

thereupon.        /"  ,     i    ,'  i     t    ,    '      ,•    a    ^  •- 

alleys,  or  out  lots  or  vacant  lots  ot  belnia,  irom 
the  lirst  of  November  till  the  first  of  June  in  each 
year,  and  it  shall  be  the  duty  of  the  Marshal  to 
re(|uest  owners  wf  hogs  in  the  vicinity  of  Sehna,  to 
furnish  him  with  their  respective  marks,  and  on  ilnd- 
ing  any  of  their  hogs  imj^ounded,  to  notify  the  owner 
and  to  deliver  them  over  to  him  on  application,  he 
paying  for  their  feed  only. 
Idem.  Sec.  124.  After   live  days   public   notice   by    the 

Marshal,  all  hogs  impounded  and  iu)t  redeemed  by 
the  owner,  (at  twenty-five  cents  for  taking  up,  and  ten 
cents  per  day  for  feeding  them,)  shall  be  sold  at  pub- 
lic sale  for  cash,  to  the  highest  bidder,  and  aftei'  pay- 
ing all  expenses,  the  balance  of  the  money,  if  any? 
shall  be  paid  into  the  City  Treasury,  subject  to  the 
order  of  the  owner,  if  known, 
owner.sof        Sec.  125.  For  the  ])rivilege  of  keeping  dogs  in  the 
fiu°nisiia*ii&tcity,  it  sludl  be  tlie  duty  of  each  person  owning  dogs 
pay'tax  ''"'  to  rcudcr  to  the  Clerk  a  list  of  the  same,  have  them 
registered  and  numbered,  and  pay  twenty-Hve  cent* 


STliKlOTS,  AM.liVS  A^'l>  SlDliWALKtJ.  i'>7 

per  uniiuui  for  each  cloij;,  and  fiirtlicr  to  procure  u  col- 
lar marked  and  miiiibercd,  to  Ijc  worn  ])y  each  do:;'. 

Sec.  12G.  It  shall  he  the  duty  of  the  Marshal  j;!;;}-^^;;;]!^^ 
and  police  to  kill  or  have  killed  every  dog  found  J',\!!,y,'j^'j^ 
rnnnino-  at  large  in  the  city,  without  a  collar 
marked  and  liunibered,  and  not  registered  oi"  i)aid 
for,  and  they  shall  he  carried  out  of  the  city,  and  for 
every  dog  so  killed  and  carried  out  of  the  city,  he 
shall  receive  twenty  live  cents,  to  he  ])aid  out  of  the 
City  Treasury. 

Sec.  127.  No  iioat  shall  be  allowed  tt»  run  at  large  •■"i^t^not 

>^  *^     jillowed  to 

in  the  city,  or  any  part  thereof;  and  the  Marshal  shall  lunatiargc. 
impound,  and  sell  any  goat  so  ini])0unded  in  the  same 
manner  as  is  prescribed  in  section  12P>  of  this  Code, 
unless  the  expenses  an,d  fees  are  paid. 

Sec.  128.  AH  cattle  (milch  cows  excepted)  Ibund  c-^^»^j™;|,; 
running  at  large  in  the  city,  shall  l)e  taken  ui)l)y  the  j^^;;;';,''^*" 
Marshal,  impounded  and  disposed  of  in  the  same 
manner  that  hogs  are  required  to  be  dis])osed  of. 
For  every  head  o'f  cattle  so  taken  up  and  im})ounded, 
the  owner  shall  ])ay  lifty  cents,  and  twenty  five  cents 
per  day  for  feeding. 

Sec.  120.  When  any  article  is  found  obstructing  or  Manivoi- or 

.  1  •  1  11  •     1  •  1  'lixposin'i  ol' 

encumbering  the  sidewalks  or  streets  or  the  city,  and  .nticics 
the  owner  is  unknown,  the  City  Marshal,  or  any  of •■^t'-u.tini; 

'  •  .  1         -iir  sidewalks. 

the  police  officers,  under  the  direction  of  the  Mayor  streets,  &<-. 
or  Councilmen,  shall  cause  such  ol)struetion  to  l)e 
taken  to  some  place  of  safety,  to  be  held  live  days. 
At  the  ex[»iration  of  that  time,  it  shall  be  sold  by  the 
Marshal  to  the  highest  bidder,  after  giving  three  days 
notice  in  the  official  news])aper,  of  the  time  and 
place  of  sale;  and  the  proceeds  thereof  shall  be  paid 
into  the  City  Treasury,  after  deducting  the  expense 
and  costs,  and  if  the  proceeds  are  not  callecl  foi-  by 
tile  owner  within  sixty  days,  they  shall  be  lbrfei(e<l 
to  the  citv. 


i)^  POLICE,  I'ATKOL  AND  CITY  TKIiiCiN'. 


CIlArTEK  Y. 

POLICE  AND  SANITARY  REGrLATTONS. 

AnTicLK.l.  Police,  Patrol  and  City  Prison.  "      "- 

"      2.  Slaves  and  Free  Netrroes. 
^i^    3.  Hospital,  Board  of  Health  and  Infection.     '  . 
v^    4.  Mortuary  Reports,  Sexton  and  Cemetei'v. 
"      o.  Steamboats,  River  and  River  Bank. 

ARTICLE  1. 

I'OMCE,  TATKOL    -iND    (  TI'V  I'Kl.SON. 

ihe'dtv'  Sec.  130.  The  police  Ibrcc  of, the  city  isliall  consigt 
of  the  City  Marshal,  Dei)nty  Marshal^  and  as  many 
Policeineii  as  the  City  Council  may  deem  necessary 
to  appoint,  all  of  whom,  hel'ore  entering  upon  tlie 
duties  of  their  offices,  shall  take  an  oath  faithfully  to 
discharge  the  duties  of  their  offices. ' 

r.ntie..^  of         y^o.  i;31.  It  shall  be  the  dutv  of  the  iJolice  to  keci* 

ilio  polioo  _  ^       •  ^  ^    ^ 

to  arrest  all  vio-ilant  watch,  and  immediatelv  arrest  and  confine 

VK)lators  ot        •  -  _  /  _  «'         _ 

cityiMus.  in  the  city  prison  all  violators  of  city  laws,  and  all 
riotous,  disorderly  and  suspicious  })ersons,  and  perforin 
such  other  duties  as  may  l)e  re<juired  by  city  laws 

i'.>nait\  r.>r  and  ordinances;  and  anv  and  all  persons  who  mav 

ri'sisiinii  an  ,       "  •        i         t      i 

(iiiieer.  intei'lcrc  M'lth  or  resist  an  omcer  m  the  (hscharge  ot 
his  duties,  shall  be  liable  to  a  line  not  exceeding  lifty 
dollars,  and  imj)risonment  not  exceeding  thirty  dayvS, 
one  or  both  at  the  discretion  of  the  officer  trying  the 
olfender. 

whoiiniiio       Sec.  lo2.  All   white  male  citizens  over ;■  eighteen 

•iMiy.  an<l  under  forty -live  years  of  age,  j-esidingAvithin  the 
corporate  limits,  and  not  exempt  by  law,  shall  be  lia- 
l)le  to  ])atrol  duty. 

i'.-.tiY,i  pom-     Sec  13o.  The  i)atrol  companies  shall  each  consist 

I>:ini(S  ;inii  .11  1  1  111  1     i_« 

tiieir.iiitioy.  (,t  a  leader,  who  must  be  a  householder,  and  live  as- 
isistants,  who,  on  due  notice  from  the  Marshal  in  wri- 
ting, shall  perform  patml  duty  for  one  night,  and  the 
leader  shall  report  to  the  Marshal,   and  he  to  the 


POLICE,  PATROL  AMI  CITY  PRI^OJf.  69 

Mayor,  )>y  eiglit  o'clock,  a.  m.,  next  day,  oulorsiu;:: 
on  his  notice  all  failures  or  nciz^lect  of  duty,  also  sta- 
ting liow  many  persons  ari'csted  and  for  wliat  oilences, 
and  how  many  im])ris(»nod,  with  any  otluM-  matters 
or  thin<>;8  necessary  and  jn-oper  to  rei>ort. 

Sec.  134.  Any  person   failinu-  or  refusing'    to  i)or- Piitioi  lino.i 

•       ^  •  ■  r^  I  (or  ijiiliirts 

form  patrol   duty,   without  ijood  and  sutticient  rea-"'"^"'y- 
son,  shall  he  lined,  if  a  leader,  live  dollars,  and  if  an 
assistant,  two  (h)llars  and  lifty  cents.  \\>v  every  failure 
to  ])erform  said  duty. 
Sec.  135.   Everv  leader  of  a  ])ati'ol  comoanv  shall,  J-^""'-''"  ' 

1  1.1  iiotily  111  -     '- 

wlien  noticed  hy  the  Mar.shnl,  as  directed  in  Section  """i''i"^- 

133  of  this  Code,  notify  each  meniher  of  his  com]>anv 

of  the  time  and  jilace  of  meetiui;. 

Sec.  130.  The  ]»atrol  shall,  alUT  s.V  o'clock,  p.  M.,.MnM  amM 

cause    every  slave  and  evei-v   tree   colored  person,  t''l•'<^;p•  m- 

.  ,  •'  ,  •   ,  ,  .        ^  ,.      '  aii.i  (irsnr- 

without  a  i)ass,  and  every  snsiucious,  noisv  or  disor-'i'^'iy  nn.i 

•'  '  }  ,.  SlISJlicKHIS 

derly  person,  to  he  confined  in  the  city  prison,  there  i'<Msnn.. 
to  remain  till  discharii'cd  hy  the  i)ro])er  authority. 

■  Sec.  137.  If  any  ])erson  or  ]>ersons  shall  at  any  time  i'„nisii,M-).t 
encoura_!i:e,  aid  or  ahet  any  ])ei'son  or  persoiis  airested  I'ist,',',^*,^;,^!;^' 
and  in  chari;-e  of  the  })olice  or  ])atrol,  or  confined  in  *^'*'^-'*'"^- 
theiCity  ])rison,  in  makiui^  his  escape  therefrom,  he 
shall,  on  conviction,  he  lined,  if  a  white  ))erson,  in  any 
amount  not  exceeding  fifty  dollars  and  costs,  and  if  a 
slave  or  free  colored  person,   he  ])unishcd  with    nrtt 
exceeding  one  hnndi-e<l  lashes. 

Sec.  138.  The  custody  of  the  cily  ]»rison,  and  tlie(  uy  |.n-,.,i 
safe  keeping  of  the  jirisoners  committed  therein,  shall  niviody  m 
he,  and  the  same  is  hereby  charged  upon  and  imide  a 
part  of  the  duty  of  the  City  Marshal,  and  he  shall  he 
entitled   to  such  fees  for  arresting,  safe  keeping,  and 
discharging  each  ]n-is(»ner,  as  are  allowed  hy  the  laws 
and  ordinances  of  the  city,  which  shall  he  paid    hy 
any  free  ])erson  conlinetl  therein,  or  in  case  of  a  slave, 
hy  his  master,  or  agent,  »»i'  manager,  hefore  he  or  she  Hrro,' pn^. 
is  discharged  from  custody.     And  no  ]>ers(ni  shall  he ?", vl!!.';'"  *^"' 
ilischarged  from  the  city  jo-ison,  excejtt  hv  the  order 
of  the  Mayor,  or  sumc  nicmhei'  of  the  (/ilv  Omncil, 
exce]>t  in  cases  olhcrwisc  iiro\  ided  foi-. 


70 


SLAVES  AND  FREE  PKRPOXS  OF  COLOK. 


Mnisimi  to       8^^.  139.  It  sluill  bo  the  duty  of  the  Marshal  to  see 

keep  jirison  ■' 

dean  and    that  the  citv  prisoii  IS  keiit  clean  and  in  ijjood  order 

his  lees  lor  . 

froding       .|jit|  repair :  and  for  every  prisoner  committed  hy  the 

Iirisoneri=.  '^  '  •     -i  •' 

Mayor  or  any  member  of  the  City  Council,  he  shall 
receive  tAventy-tivc  cents  per  day  for  board,  to  be  paid 
from  the  City  Treasury,  in  case  the  same  cannot  be 
made  from  the  prisoner. 


ARTICLE  2. 

SLAVES    AND    FHEK    PERSONS   OF   COI-Oli. 

siavestiikpu     Sec.  140.  All   slavcs  wlio  may  1)6  found  on  the 

up  after  8]^  ,  i      .      ,  . 

P.M. and      streets  or  away  Irom  tlieir  liomes  without  a  written 

conlindd.  .     ^  -I'     . 

]iermit  from  their  owners,  overseers  or  ag'cnts,  alter 
>>^  o'clock  p.  u.,  shall  be  arrested  by  the  police   or 
patrol,  and  confined  in  the  city  ])rison   until  les^ally 
discliarged. 
Trial  and         Sec.  141.  All  slavcs  arrcstcd  aud  imprisoned  as  re- 

punishm'nt        •       i   •      -i  t  ,.  ,  '   ,i 

quired  m  tiie  ju'ecediuij^  section,  must,  upon  the  morn- 
ing after  tlie  arrest,  be  arraigned  before  the  City 
Court,  and  unless  satisfactorv  excuse  be  given,  the 
Court  may  order  the  infliction  of  any  number  of 
stripes  not  exceeding  one  liundred. 
ifuotc.aiiod     Sec.  142.  Every  slave   so  arrested  or  imin'isoned, 

for  treated  .  n      i' /.        i  i  ' 

asaruna-    wlio  18  uot  Called  for  by  the  master,  overseer  or  agent 
within   forty-eight   hours  after  the  arrest,  shall  be 
treated  as  a  runaway,  and  sent  to  the  county  jail.  But 
it  shall  be  the  duty  of  the  Marshal  to  advertise  any 
such  slaves  by  written  notice  placed  on  the  post  office 
door  on  the  morniiiij:  after  the   arrest.     Free  ncOToes. 
failing  to  pay  to  the  Marshal  his  fees  before  9  o'clock 
on  tlie  morning  after  the  arrest,  may  be  punished  by 
the  infliction  of  thirt^^-niue  lashes. 
Negroes  in-     Sec.  148.  Evcry  iicgro  convicted  of  using  insulting,-  ^ 
wiii"eper-    abusivo  or  obscene  language  to  a  white  person,  or 
fsheiif""     otherwise  insulting  a  white  person,  must  bepuiiis^icd 
bv  the  iiifliction  of  tliirtv-nine  his^hos. 


SliAyES  A^^D  FREE  PERSONS  OF  COLOR.  Yl 

Sec.  144.  Any  iioiz;i"c>  convicted  ol"  phiyini::;  at  jiuy  N^^^roes 
_ij:;amc  with  cards  or  dice,  or  with  any  device  or  Biih- ''"ip'"""^'- 
Btitute  therefor,  must  be  punished  by  tlie  infliction  of 
tliirty-nine  laslics.     And  cvcrj^  negro  present  wliere 
such  gaming  is   going   on,  must  lie  ]uinislied  with 
twenty  laslics. 

Sec.  145.  Every  white  iierson  jn-esent  wliere  negroes  wintcpcr- 

1    '  \         •  •    ^  IT  i"^       •         sous  pi»<s- 

are  engaii;ed  m  plavrng  with  cards,  dice,  or  any  device  «Mit  i)unish- 
or  substitute  therefor,  must  on  conviction  be  lined 
not  less  than  ten  doUars. 

Sec.  14G.  Any  neij-ro  found  upon  tlie  streets  of  thcNoKjoes 

•'         n  1.  ^        smoUing  on 

city  smokino;  a  ciu^ar  or  pii>e,  or  carryiuo;  a  wal kin iz;^* "■<■•' •'*"•■ 
stick  or  cane,  (unless  necessary  on  account  of  disease  ^''j'|^^j^'"^'^jjj_ 
or  old   age)  must  on  conviction  be  punished  with '^'''''' 
thirty-nine  lashes. 

Sec.  147.  Any  number  of   slaves  more  than  five  what  is  tm- 
■'  ^       I  lawful  as- 

congregated  together,  if  found  oif  tlie  premises  of  ^*^'"^'j'«f^c. 

their  owners  or  managers,  with  or  without  i)ermits, 
and  not  engaged  in  some  hn\iffnl  work',  or  under  the 
management  or  direction  of  theii*  owners,  or  by  per- 
mission of  tJie  Mayor  in  writing,  or  attending  churcli, 
where  there  are  the  lawful  number  of  wliite  ])ersons, 
shall  constitute  an  unlawful  assembly,  and  every  slave 
present  shall  on  conviction  be  ])uuished  with  any ''""''-'"'>'"' 
number  of  lashes  not  exceeding  one  hundred. 

Sec.  148.  Any  wliite  person,  or  free  colored  person  ^oJ,'!,'^r''frco 
found  at  any.  unlawful  assembly  of  slaves,  shall  on  ""^sy",*^^^ 
conviction  be  fined  not  exceeding  fifty  dollars.  -   jn^^^niawfui 

Sec.  149.  Any  white  person  f()und  loitering  around,  !(^,^,'i")>'p^r. 
or  found  in  or  about  yards  or  negro  lionses,  where  ^"i'Vo'r'ioT-''" 
negroes  are  in  the  habit  of  resorting,  without  a  law- !iro"nj  ne- 
ful  excuse,  must  on  conviction  hi' fined  not  exceeding  *^'"°*'°"**'*' 
fifty  dollars. 

Sec.  150.  Every  negro  who  shall  trespass  upon  or  ^-^^^0^^ 
loiter  near  or  about  any  private  residence,  without  a  *,\fo ^[''p''^"*' 
good  excuse,  shall  oii  conviction,  receive  not  more  j"*npps p*„n. 
tlian  thirty-nine  laslies.  '"''*''*• 

Sec.  151.  It  sliall  not  be  lawfnl  for  juiy   jiorson  (trTrading 
]>ersons  t<»  tratk'  in  aiiv  wny  with  any  slave  or  slaves  proiiihue?/! 


\ 


72  SLAVES  AND  FREE  ^ER50^■S  OF  COLOE. 

^vitliiii  the  corporate  limits,  witliuiit  a  written  i)criiiis- 
siou  from  the  owner  or  overseer  of  said  shivc  or  slaves, 
specifying- the  article  and  qnantit}"  to  he  hought  or 
sold ;  and  every  person  so  doing  shall  on  conviction 
he  lined  not  exceeding  fifty  dollars;  and  every  slave 
so  trading  or  offering  to  trade  without  snch  permission 
shall  on  conviction  he  pnnished  hy  the,  infliction  of 
not  less  than  thirty-nine  lashes.  Provided,  that 
Execpiion.  it  shall  he  lawful  for  slaves  to  sell  milk,  poultry,  veg- 
etahles  and  other  tahle  supplies  under  a  general  per- 
mission in  writing  from  the  owner  or  his  or  her 
agent. 
soUin- liq-  Sec.  152.  It  shall  not  he  lawful  for  any  person  in 
;:ioes  pro-  this  city,  to  sell  or  give  to  any  slave  or  free  persons 
of  color,  spirituous  liquors  of  any  hind  wdiatever 
without  a  written  permit  from  the  owner,  overseer  or 
guardian  of  said  slave  or  free  ])erson  of  color,  setting 
forth  the  quantity  to  l)e  sold  ;  and  any  person  so  of- 
fending shall  on  conviction  l)e  iined  in  any  amount 
not  exceeding  tifty  dollars,  and  imj)risoncd  not  ex- 
ceeding thirty  days,  one  or  hoth  at  the  discretion  of 
the  officer  trying  the  oifence.  And  any  slave  or  free 
person  so  offending  shall  on  conviction  he  punished 
with  not  exceeding  one  hundred  lashes.  Any  slave 
or  free  negro  in  wdioso  possession  any  spirituous  liq- 
uors may  he  found  without  a  lawful  excuse  therefor, 
shall  he  punished  l»y  the  infliction  of  not  exceeding 
thirty-nine  lashes. 
^^ii^tp^.j.  Sec.  153.  Upon  a  trial  had  under  either  of  the  two 
sumpuvrof  pi'<?cedlng  sections,  evidence  that  a  slave  ^vas  seen  in 
guilt.  ^'  the  night  time,  or  on  Sunday,  going  into  a  place 
wdiere  spirituous  or  viiuuis  liquors  or  merchandise  are 
sold,  with  an  article  of  traffic,  and  coming  out  with- 
out the  same,  or  that  such  slave  was  seen  at  such 
time,  01"  on  such  day,  immediately  after  coming  out 
of  such  place  in  ])ossepsion  of  s])irituous  or  vinous  liq- 
uor or  merchandise  of  any  knul,  is  ])resumptive  evi- 
dence of  the  guilt  of  the  defendant. 
siwevthii-  Sec.  154.  It  shall  not  he  lawful  foi-  any  slave  or 
timoOT'iiv-  i^lnves  to  liire  his,  her  or  their  own  time'  or  to  live 


SI,AVE!i  AN1»  KKEE  I'KlWONis  OF  COLUK.  7o 

sopanitc  uiul  nviirt  ironi  their  uwiiurt^.     The  owner  ofiii^«i>araio 

1  .    ,       .  .         .1  1      11  1       !•         1    •  and  apart 

any  slave  violutiiiii'  in  eitlier  waytihall  l)eunc(l  m  any '■'"">"'<'''■ 
&U111  not  exceedniii;  twenty  dollurs  lor  every  (Uiy  he  iiiiotcd. 
may  live  in  vinhitiuii  ol'  this  hiw ;  and  the  shive  vio- 
lating shall  he  ])imisluHl  with  not  exceedini;-  thirty- 
nine  lashes  for  every  day  he  nniy  live  in  violation  of 
this  law. 
Sec.  loG.  The  Clerk  shall  on  ap])lication   of  any  siaviMi.nj 

,  ,  •  1        1       '     '"^  licensed 

resi)eetai)le  i»ersoii,  i::;rant  to  any  slave  ot  i>;ood  char- us  jmiu-r. 

,  ,       ,      5  •  1  •         '  I    '  •         1  •        '''^^'  lahoi-fr, 

acter  and  stead v  halnts,  a  license  to  work  m  the  city  "asherwo- 

■  man  or 

as  porter  or  day  lahorer,  or  as  washerwoman  or  seam- ^("iinstross. 
stress,  for  the  space  of  twelve  months,  for  which 
licenses  }taymeiit  shall  lie  made  as  re([nired  hy  the 
license  hiw  of  the  city  ;  and  such  licensed  slave  shall 
he  furnished  with  a  hadge  with  a  numher  stami)ed 
thereon,  ior  which  he  or  she  shall  })ay  the  City  Clerk 
twenty -live  cents.  Provided,  that  the  Clerk  shall  not  j>,,oviso. 
issue  a  license  lor  any  slave,  unless  the  master  is  a 
resident  citizen  of  Selma. 

Skc.  ,l,5(j.  It  shall  not  he  lawful  for  any  keeper  of  a  ^veiy  stji- 
livery  stahle,  or  any  other  person,  to  hire  to  any  ne-llm.i^t^nof' '* 
gro,  without  a  written  order  from  his  or  her  niaster  ila.'ks.Tr' 
or  agent,  a  horse,  hack,  hiiggy,  or  other  like  vehicle  ;  ''"^"'"'■''' 
and  any  one  convicted  of  so  doing  shall  he  lined  ten 
dollars! 

Sec.  157.  The  owner  of  any  licensed  hack,  cal»  or  ,,„.„^,.^^,. 
carriage,  whose  <lriver  allows  a  negro  to  ride   in   his{|'|J!".;!"{,. 
vehicle,  without  a  permit  from  the  nrister  or  agentof  |||"^!''/,,!!".'„^.|: 
said  negro,  must  on  conviction  he  lined  live  dollars,  {l|e!'('*n. 
and  the  driver,   if  a" negro,  shall   he  punished    with 
thirty-nine  lashes. 

Sec.  158.  Every  negro  who  shall  he  found  riding  Nog,o  pun- 
in  any  hack,  cah  or  carriage,  or  other  like   vehicle,  d/.Tj.'',^""" 
without  ])ermission  fn  nil  his  or  her  owner  or  agent,  '■"'"' 
shall   on    conviction    be    puiiislied    with    tliirty-ninc 
hishes. 

Sec.  ir»l>.  Everv  freeneirr<»  resident  within  the  cor- ,, 
porate  limits  of  the  citv,  shall  on  uv  heforo  the  lirst !!""'' 'T'" 
day  of  January  in  every  year,  report  hiniseh'  or  her- ',;;*,"^^',^j;''j.'^'' 
self  to  the  Citv  Clerk  at  his  ottice,  wlio  shall  register 


ti  -dLAves  .\:s'J)  kkke  l']!:ii^50^^s  of  (;oluii. 

the  luiiiie,  lieiglit,  sex  aii<l  description,  the  place  wliere 
Ijoi'ii,  tlie  time  he  or  she  may  luive  resided  in  the 
city,  and  tlie  precise  location  of  his  or  her  residence, 
in  a  book  to  he  kept  for  that  purpose,  all  of  which 
particulars  the  said  iiouro  sliall  fully  and  truly  state 
to  the  Clerk. 
Freenesros     Sec.  160.  At  the  tiiuc  ot  reportiu"'  himself  or  her- 

required  to  J-  ~ 

give  bond,   ggjf^  j^q  yp  gj^^j  gl^n  ^[yQ  houd  witli  good   secuHty  to 
keep  the  peace,  and  to  be  of  good  l)ehavior  for  twelve 
months,  and  to  save  the  city  from  any  expense  for  his 
or  her  support ;  and  for  any  violation  of  this  or  the 
preceding  section,  he  or  she  may  be  lined  in  the  sum 
of  lifty  dollars,  and  if  he  or  she  fail  to  give  bond  as 
before  required,  he  or  she  shall  be  committed  to  the 
city  prison  not  exceeding  four  ]jionths,  or  leave  the 
city. 
Frcenegros      Seu.  101.  No  free  negro  shall  go  at  large  or  be  ab- 
From  going  scut  lYom  liis  or  her  residence,  after  the  hour  "t)f  8^ 
ter'8]^p.  M.  p.  M.,  uulcss  lie  or  slic  shall  have  a  special  pass  from 
the  Mayor  or  a  mendjer  of  the  City  Council,  which 
shall  not  extend  to  after  12  o'clock  at  night,  and  any 
free  negro  found  \iolating  the  provisions  of  this  sec- 
tion, shall  on  conviction  be  lined  five  dollars,  and  in 
case  the  line  is  not  paid,  he  or  she  shall  be  punished 
by  the  infliction  of  thirty-nine  lashes. 
Freenegios     Sec.  162.  Every  tree  negro  who  shall  come  from 
er'stateor  'another  State,  or  another  part  of  this  State,  and  re- 
mrtoftins  main  in  the  city  longer  than   twenty  days,  shall  on 
(ie'li'to°ve-'  '  conviction  be  lined  t-\venty  dollars,  and  live   dollars 
<.ity.  for  every  day  he  remains  alter  being  notilied  to  leave. 

Free  negro  .  Sec.  163.  Evcrv  frcc  iicgTO  residing  out  of  the  city, 
orTh'e"fkv '^  who  shall  work  within  its  limits  without  a  license,  for 
frOTi  woru-  which  the  sum  of  twenty  dollars  shall  be  paid,  shall 
dt'y'without  be  lined  live  dollars  for  each  oltence. 
Ne'r^roor-  ^^^'*  ^^'^-  Whenever  any  slave  or  free  person  of 
piuiisi^ed  color  shall  1)e  convicted  of  any  olfence,  it  shall  be 
pingia'ad-  l^i'Wful  for  tlic  olHccr  trying -the  same,  at  his  discretion 
'ill'i'ic"/of°*  f<^  prescribe  the  })unishment  ot  such  slave  by  the  in- 
tine,. &r.  flictiou  ()f  auy  uundter  of  lashes  not  exceeding  one 
hundred,  in  lieu  of.  or  in  addition  to  the  punishment 


ll'i^i'iTAL  AND  CITY  1MIVS1CIAn\v<  .  75 

'    '.       "       '  s      .  '  '   > 

iiillictod  tipuu  u  wliiic  ])crs(>fl  lor  the  8;iiuc  ollt-licc. 

Siic.  lOo.  Jfrec  iici;'i'ucs  w]u>  iviav   lail-  (U-   rt'tiitsc  to  i"io<- iie-iof< 
pay  .hues  oi'.Costri  imposed  Upon  tlKMi\,  juav  on  coii-p»y*i'ie""«,v 

.      .  ,  .11.1  ,   •        •  k  ■         ■       T         bftwliipp.Ml. 

victiou  be  puiiisluMl  Willi  \vlii|)])iii<:;,  wiot  exceodinm- 
tlurty-iiiiie  lur-lies,)  or  I'ecjuired  to  work  (i»ut  their  iine.s 
and  costs  upon  tuc  streets,  at  the  disci^tion  ol"  the 
officer  tryiui!;  the  delincpient,  \  , 

Sec,  l()f).  For  whippini;- u  nei>To  tiie  Mallluil  shall  ;^'-"'«')"i"^ 
be  entitled  to  collect  from  the  owner  or  a.ir'cnt  of  the  ,\*'l!!,V,'/'""  * 
neii'ro  one  <l<inar. 


ARTICLE    3. 

nOSrlTAL  AXI)  CITV    I'HVSICIAN  AND    BOARD  OF    HEAI.TFI,    AND    liECT- 

I.ATIOXS    lOi:    riiKVKXTTON  OK    INFIX'TION    AND    DISEASi:. 

ft 

Skc.  UiT.  The  liuilding  and  premises  uoav  in   use,  Hospital 
and  such  other  as  may  h<^reafter  be  provided,  and  set  h^ve'diaru'e 
apart  as  a  hospital,  shall   l>e  ini(h'r    the  control   and"   "^^'"''• 
management  of  a  Committee,  consisting  of  the  Mayor 
and  two  members  of  the  City  Coimcil. 

lSi:c.  Ui>^.  This  Committee  shall  luive  a  general  su- laem. 
perintendence  of  the  Hospital,  and  shall   ])rescribc 
such  rides  for  its  Government  as  they   may  deem 
proper,  witli  llu-  consent  n^  the  Mayor  and  Council- 
men. 

Skc.   1()U    Thev  f-hall  nnike   regular  visits  to  the  V'^".'"!!*''*:"'- 

-  duties  Hiul 

ilospital,  at  lea^t  once  in  each  week,  when  there  are  r""*"'''*- 
patients  therein.  They  shall  make  monthly  rejiorts 
of  its  condition,  receipts  and  expenditures,  to  the 
Mayor  and  Council.  Tiiev  t>hall  ]ia\e  the  exclusive 
jirivilege  of  admitting  )»atient>  into  the  ILis])ital. 
They  shall  ai)prove  all  contracts  made  Avitli  jici'sons 
employed  theri-in,  as  nurses,  cooks,  laborers,  and  }nd- 
vidc  all  articles  of  food,  raiment,  medicine  and  fuel, 
nccCS^arv"    for   ihf   n-i-    ;iih1    iii:iiiili'ii:uicc    iif  \]\{-    Till-. 

l)ital. 

Si;(j.  170.  AVliene\er  the  C'ommitlee  ^hal]  a]»j»ly  for  Mum  reix.rt 
monev  to  be  cNpemled    for   the   ii-c   <tf  tin-    Hospital,  whi.h  ai-- 

10 


7<>  ,^»4LL^syfrAL  and  city  imiy.'RIAX.  tkc 

^1 


such  money  is'/islyi'd,  cxce]»t  salaries  tu  tliu.-fe  officers 
ected  \)y  the* 
jio.spitiii  Si^(j,  iVl.  Ui/ihe  rc'-uhir  lueeliuir  in   June,   18G1. 


i)ioi)iiatioii  they  cihall  distinctj-y  .set  R>rth  the  obicct  i'or  whicli 
elected  vv  tne'C/uncii 

l)liy»ician  I  '    #  "^  '^  '  ' 

ana  sur-  ;,ik1  anniklly  llJereafte]-,  there  niav  lie  ek'cted  1)V  tiie 
City  Cuuii.cil/a  l*iiybician  and  8nri^eon  of  tlie  IIoS])i- 
tal,  who  s^lWll  u'ive  bond  in  the  sum  ol'  (Hie  tlioiisand 
dolhir's,  ant\  receive  such  sahiry  a«  tlie  Omncil  may 
decide 'at  thvj  time  of  the  election. 

iiisdutiesi  Skc.  1-72.  It  shall  T>e  his  duty  to  visit  said  llosnital 
twice  in  each  day,  when  ncces!j«ry,  and  adnnnisterto 
the  sick  therenn  ;^  to  see  that  the  stewards  and  nnrsos 
faithfully  perfotrm, their  res]je^-tive  duties,  and  ])rom}>t- 
iy  to  report  an^'  dereliction^  therein  to  the  Hospital 
(Jommittee,  to  be  laid  before' the  Council,  wh(»  may 
take  such  action  as^they  may  deem  necessary. 

].i.Tn.  Siiu,  173.  He  shkll  re^)ort  (|uarterly  to  the  Mayor 

and  Council,  the  nuiuj^er,  t:.itiiation  and  condition  of 
the  patients  in  the  ltos})ital,  together  with  such  infor- 
mation as  he  nuiy  cLfe^em  necessary  or  important. 
AVhen  a  case  or  cases  of  small  \)ox  shall  be  p'resented 
for  treatment,  he  shall  attend  such  patients,  at  the 
pest  houses  provided  by  the  city  for  the  treatment  of 
such  disease  ;  for  which  service  he  shall  receive  such 
reUnuneration  as  may  be  deemed  proper  by  tlie  city 
authorities. 

Hospital  Sec.  174."  At  the  same  time  that  the  Thysician  is 

elected,  there  may  be  elected  by  the  Mayor  and 
Council  a  Steward,  who  may  board  and  lodge  in  the 
Hospital.  He  shall  also  have  the  privilege  to  board 
his  wdfe  and  minor  children  in  the  Hos])ital. 

]ii-inties.  Sec.  175.  It  shall  be  his  duty  to  superinteml  the 
duties  of  the  nurses,  cooks,  servants  and  laborers;  to 
see  that  the  directions  of  the  Thysician  and  Surgeon 
are  faithfully  and  properly  executed,  and  to  attend  to 
such  other  duties  as  the  Physician  may  re(|uire  of 
him.  He  shall  enter  into  a  bound  book,  to  be  kept 
by  him  for  the  purjjose,  the  names  of  the  i»atientp 
admitted  iido  the  Hospital,  their  age,  place  <»f  birth, 
occupation,  date  of  adnnltance  iJieir  disease,  and  the 


jroST'TTAI.  AND  CITY  THYSICIAN,  .VC.  11 

date  uf  tlicir  discliar^c  or  death  ;  wliicli  Ixuik  .sliall  at 
all  times  be  subject  to  tlio  iiippectifui  of  the  Mavor 
or  any  member  of  the  Coniicil,  and  pliall  remain  ii: 
the  Hospital  as  a  book  u['  i-ecord  and  reference.  lie 
shall  enter  into  a  book  ke[)t  for  tbe  ])nrpose,  an  in- 
ventory of  all  articles  of  fnrnitnre,  beddinu',  clothing', 
utensils,  and  all  other  pro])erty  bcbmijini!;  to,  or  ap- 
pertaining,'to,  or  purchased  for  the  IIosi>ital,  ■which 
book  shall  be  examined  (piarterly  l)y  the  Hospital 
Committee.  All  articles  re])orted  as  ^vorn  out  or 
useless,  must  be  ins]»ected  by  the  Committee  before 
they  are  condemned  or  destroyed.  He  shall  collect 
all  amounts  due  to  the  Hospital  by  paying-  patients, 
and  ])ay  the  same  over  to  the  ('ity  Clerk,  accompany- 
ing the  }>ayment  ^7itll  a  report  of  th(>  names  of  such 
patients,  the  nmnber  of  days  of  ti-eatment,  i.\:c. 

Sec.  176.  He  shall  enter  into  a  book  kept,  for  that  Mim. 
purpose,  the  mime  of  every  ])auper  patient,  the  date 
of  bis  entry  into  the  Hosj)ital,  the  date  of  his  com- 
mencement t(»  labor,  and  he  shall  nightly  credit  him 
with  the  amount  of  lalxn-  perfoi'med,  and  the  pro- 
ceeds thereof.  He  shall  keep  a  correct  account  of  all 
monies,  clothing  and  eilecis  that,  any  patient  may 
have  in  his  possession  when  admitted  into  the  Hospi- 
tal, and  enter  them  into  a  Ix^ok  ke])t  for  that  jnirposc, 
subject  t(»  the  insitection  of  the  Mayor  or  any  mem- 
ber of  the  Council  ;  and  in  case  of  the  death  of  such 
patient,  the  money,  ell'ects,  iVrc,  shall  be  disposed  of 
according  to  law,  under  the  direction  (»f  the  Hospital 
Committee.  He  shall  furnish  such  articles  of  bed- 
ding, clothing,  food,  medicine,  furniture  and  cooking 
utensils,  on  a  requisition  made  by  tlie  Mayor  or  Hos- 
pital Comnn'ttee,  as  may  be  needed  for  the  comfort, 
necessity  and  well  being  of  the  patients  that  may  be 
sent  to  the  i)est  house.       lie  shall  als(»  secure  the  • 

services  of  sucii  nurses  an«l  servants  as  may  be  nec- 
essary, and  make  such  contracts  with  them  as 
may  be   a])proved    by  the   Hos}>ital    ('ommittee. 

Sec.  177.  All   })au]ter  a]i])licants  for  admission  into 
the  IIos]iital,  shall  ]>res('nt  to  the  Steward  a    jtermit. 


78  llONl'ITAL  AND  CITY  rilYSIClAK,  .Vr. 

Nopatient    sii>'nc(l   1)V  tliG  Mavoi'  oi"  <m\  otluT  menibcT  of  the 

admitted  by    1^       .      i  Vi  •        '  t  »       •    '  •  i      1 1      i 

steward      liosiJitul  (.omnutlce.     iayinij:  patients  shall  also  pre- 

without  ^  /  1 

written  per- sent  a  like  i)evnut,  statinfi-  wlio  will  be  responsible  for 

init  from         ^  _  '  *-      _  ^ 

committoe.; f ees  inenrred.  These  ])ermits  shall  be  reiiularly  filed 
and  iviuain  on  recoi-d. 

tieX^requ'i-  ^i"-^'-  1  "■'^-  When  paujtef  ]nltielll^  ait-  c(»iivalescent 
outtheirbm  tliey  shall  < In  and  ])t_'j1oi'in  such  work  and  labor  as 
juav  be  deemed  ])ru]>er  by  the  Hospital  Ooniniittee, 
and  for  snch  time  as  will  pay  for  their  treatment,  at 
the  rate  of  one  dollai'  per  day.  Slaves  shall  be 
charged  as  paying  patients. 
Board  or         ^yc.   179.  There  shall  be  established  a  l^oard  of 

Health. 

Health  lor  the  City  of  Selma,  to  be  eoin;[)osea  of  one 
Physician,  one  Conncilman  and  one  citizen  from  each 
ward  of  the  city,  and  the  IMayor  of  the  city,  who 
shall  be  Chairman  of  said  Boai-d. 
citydivided      Sf.o,  ISO.  The  citv  sliall  bc  (li^•ided  inin  iwo  wards, 

into  two  /V'^  '  i  V  //<!'=     ,  ,  rp,, 

wards.  to  be  knowii  as  the  en^t  iB«rU.A\i©#«  wards,  ilie  feas.t 
ward  to  embrace  all  that  iiortion  of  the  city ''eiist;  of 
Broad  street,  ■and  the  %est  ward  all  that  i)ortion  of 
the  city  \SE£!st  ot  Irrond  Street." 

-..V         .•/».  J-/^         ^i    £'.''''    ■'•<'y^'"     "*'<*^ 

Hoard  ap-       ^Ec.   181.  Said   BoarJ  shall-  be  appointed   by  the 
I^Tayorwith  -Mayor  of  the  city,  witli  the  concniTence  of  the  Conn- 
t^unc"f.*''    cil,  n])on  the  lirst  meeting  of  the  Conncil  after  their 
election,  and  any  vacancy  which   may  dcciir  in  said 
IJoard  must  be  tilled  by  the  same  powei'. 
nsdiities        Sko.  1S2.  It   shall    be   the    duty  of  the  iioard  of 
^''*''^^'^'*' Health  to  make  such    rules  and  regulations  as  they 
niay  deem  conducive  to  the  health  of  the  city,  to  ex- 
amine into  all  canses  of  malignant,  infections  and 
epidemic    diseases,  and  re})ort  to   the   Conncil  the 
canses  thereof,  and  the  jjroper  means  for  the  checking 
or  removal  of  the  same  ;  to  examine  into  all  snch 
I  nuisances  as  may  tend  to  att'ect  the  health  of  the  city, 

and  repoi't  Ihe  same  to  tlie  Mayui-. 
Any  two      ~  Sf.o.  188.  AiiT  t\yo  members  of  said  iJoard,  in  each 
m.tj"'^pori  ward,  liave  the  right  to  examine  into  the  condition 
'an"i'ordVT   of  tliG  promiscs  of  any  person,  in  such  ward,  and   if 
thev  iind  anvthiiiii'  abont  the  same  injurious  to  the 


it.s  abate 
)iK-ni. 


HOSPI-MI.  AND  CITY  I'irYSICIAN,  ArC.  (  9 

liealtli  of  the  iieigliljorliood,  it  is  their  chity  to  orcliT 
tlie  removal  of  the  same,  in  a  reasonable  time,  to  he 
prescribed  by  them,  aiul  if  the  jK'rsou  so  noti Tied  fails 
to  abate  such  nuisance  witliiii  the  time  prescribed, 
they  shall  be  reported  to  the  Mayor,  who  shall  line 
them  in  such  an  amount  as  he  may  think  proper,  not 
to  exceed  fifty  dollai*s,  and  shall  oi-dor  tlu'  a1»atement 
of  such  nuisance  at  the  cost  of  the  party. 

Skc.  184.  It  shall  be  the  duty  of  said  J)oai-d  to  meet  •'^'<^'^''"v""'f 

till-  liojint. 

once  a  month  or  ofteiier,  if  n&'cessary,  and  report  to 
the  City  Council  any  matters  of  imjxtrtance  to  the 
health  of  the  city.  And  any  i\vo  mendiei's  of  said 
lioard  sliall  have  a  rig'ht  lo  call  a  mccliuu-  at  auv 
time  tliey  think  necessary, 

Skc.  185.  It  shall.be  unlaw tul    tor   any   person  or  }'|.':''f ';'/,',■',  j^,. 
persons  having-  the  .control  of  any  steamboat  or  tlat- |!^'„'j°"?,",^ 
boat,  or  any  kind  of  boat,  conductors  oi*  i-ailroad  ears,  ;!iTi'.o'cit\"' 
drivers  of  nniil  coaches,  or  any  other  ]»erson,  to  brino;  |?"^7ii"r2d  u. 
or  cause  to  be  brouii'hl.  or  assist  in  caiTyiui;-  into  the  inJvXV''*^ 
city,  any  person  or  persons  having-  an  infectious  or '^*''^'"'" 
contagious  disease  ;  and  any  person  violating  this  law 
shall,  on  conviction,  be  lined  iifty  dollars,  and  be  re- 
(piired  immediately  to  remove  such  diseased  persons 
beyond   the  city  limits,  at  his  or  their  own  expense; 
and  in  case  he  or  they,  after  notice,  refuse  or  neglect 
to  do  so,  he,  she  or  they  shall    be   liable   to  an   addi- 
tional  tine  of  hfty  dollars,  when  it  shall  become  the 
<luty  of  the  City  jMarshal   to  have  such  diseased  or 
infected  persons  i'enu)ved  to  the  City  IIos2)ital,  or  be- 
yond the  corporate  limits,  for  which  service  he  shall 
be  entitled  to  one-  half  nl"  the  bi-^t  apse:-s(Ml  tine,  when 
collected. 

Skc.  ISC.   It  shall    be   iinlawi'nl    for  any   oerson   to '"''^1*'''    , 
build  or  keei>  a  privy  nearer  than  fifty  feet  to  the  j'l'.'Jnflf/'.'"'''' 
line  of  any  street  or  ]>ul»lic  alley  in  the  city,  nidess!!^reou  un- 
said ]u-ivy  has  a  vault  at  least  six  leer  in   dei)th,  and  !':ruit'!.nfr  * 
no  privy  must  be  located  nearer  than  four  i'vci   i'voniumvu'ri^^ 
the  line  of  any  street  i.r  j.ublie  alley.  SeT*^' 

Sec.  1S7.  The<twneis  of  all  jirivies  standing  in  vio- J.'j^JJ^^'j'yj'^'' 
lati(»n  «.f  the  )»rece(lii)g  section  shall    b(>  notified   bv  1,','!;!',-|^'''''" 


so  HOSPITAL  AXI)  CITY  PHYSIOIAX.  A:C. 

tlie  Marslinl  to  remove  the  same,  or  iix  it  in  the  man- 
ner required  by  tlie  preccdini;^  section  within  ten 
(lays,  and  failing  so  to  do,  sliall  be  lined  ten  dollars, 
and  five  dollars  for  every  day  tlie  same  remains  in 
violation  of  the  law. 
Fiiii.,.to..        Sec.  188.  Everv  person  Mdio  shall  r»laee  or  emi)tv 

must,  not  bo  i  .  i  ii  •  i  ' 

omi.iicd  in-u])on  the  SKiewaiks,  streets  or  alleys,  or  into  tlie  sew- 

struct.s.&e.  ers,  ditches  or  drains  ot  the  city  any  lecnlant  matter, 

filth,  liquid,  or  other  thing  emitting  a  noisome  odor, 

or  injurious  to  healtli,  shall  he  iined  live  dollars  for 

each  offence;  and  it  shall  he  the  duty  of  every  person 

having  animals  to  die  in  their  possession  to  hury  or 

remove  the   same  from  the  corporation  or  to  a  lot 

Penalty  for  ^^  ^^®  designated  hy  the   Mayor ;   and   all  persons 

rion.'&l^on  ^''^i^i^\^  to  do  SO,  shall  hc  lined  not  less  than  five  dol- 

ihc  strcotb.  ]j^j.g^  and.required  to  remove  the  same  at  once  under 

a  penalty  of  ten  dollars. 
ui^-ingof       Sec.  189.  It  shall  not  he  lawful  for  any  person  or 
Oesfm''^   persons  to  dig  or  cause  to  he  dng,  any  pit  or  clay 
bidticn.       j^^i^  within  the  corporate  limits  of  Selma,  wherein 
water  may  accumulate  and  l)ecome  stagnant,  thereby 
creating  a  nuisance  ;  and  any  person  guilty  of  a  vio- 
lation of  this  laM',  shall  l)e  fined  five  dollars,  and  shall 
also  be  fined  five  dollars  for  every  day  said  nuisance 
remains  unabated,  after  notice  to  abate  the  same  has 
been  given. 
Tan  j-iu-ds,      Sec.  190.  It  shall  1)0  unlawful  for  any  person  or  per- 
ycn»lmd     sons  to  establish  or  erect  within  the  city  any  tan  yard 
"anccs^pro-  wlicrc  leather  is  tanned  or  curried,  any  slaughter  house 
hibited.       ^^^  butcher  pen,  or  carry  on  any  business  Mdiich  may 
affect  the  health  and  comfort  of  any  of  the  inhabi- 
tants of  the  city,  or  injure  propei'ty  adjoining  there- 
to, or  otherwise  establish  or  cause  to  be  established 
anywhere  in  the  city,  a  nuisance,  or  suffer  the  same  to 
remain  on  their  premises. 
PcBaity.  Sj=C.  191.  Any  person  offending  against  any  of  the 

liXJvisions  of  the  preceding  section,  shall,  on  convic- 
tion thereof,  l)e  fined  in  the  sum  of  twenty  dollars 
and  costs,  and  on  failure  to  pay  such  line  and  costs, 
shall  be  imprisoned  for  twenty  dnysin  the  city  ]U'ison, 


MOUTUAKV  liEI'OltTS,- SEXTON  ANDCEMETEliV.  SI 

or  until  such  line  and  costs  be  paid,  and  also  bu  rc- 
(|uired  fortliwith  to  rcnn>vc  the  said  nuisance,  and  in 
case  he  tail  to  remove  said  nuisance,  it  shall  be  abated 
l)y  order  of  the  (""ity  Council,  l.)y  the  City  Marshal, 
and  the  costs  of  removing  the  same  shall  bo  taxed, 
cither  against  the  person  causing  the  same,  or  against 
the  proi)crty  on  which  the  nuisance  was  situated,  and 
collected  in  the  same  manner  as  the  yearly  taxes  due 
from  such  person,  or  on  such  real  estate  are  collected  : 
]*rovided,  nevertheless,  that  a  reasonable  time  shall 
1)0  allowed  for  removing  any  such  nuisance,  but  if  after 
the  expiration  of  a  reasonable  time,  said  nuisance  1)0 
not  abated,  such  ])erson  shall  be  again  subject  to  the 
same  lines  and  penalties  as  for  tirst  creating  or  allow- 
inii"  such  nuisance. 


ARTICLE  4. 

MOltTUAllV    KEPOIiTS,    SKXTON    AM)    CKMETEKV. 

Sec.  192.  It  shall  be  the  duty  of  every  i)hysician ''''ysipmn 

•''  •'     1     •■  must  i-fpoi  I 

having  persons  in  the  city  to  die  under  his  care,  to '•''"<•"'• 
report  the  same  to  the  City  Clerk  on  the  first  of  every 
month,  giving  the  time  of  the  death,  name,  age,  color, 
place  of  nativity,  occupation  and  cause  of  death  ;  and 
any  ])hysician  failing  to  report  such  deaths  shall  be 
lined  ten  dollars. 

Sec.  l'J3.  It  shall  be  the  dutv  of  the  Clerk  to  lile«'i:'''>  "i'' 

smkI  rejioils 

such  rei)urts,  and  to  keei>  a  book  properlv  ruled   and  »""'.'"'''i';> 
arranged,  in   which  shall   be  recorded  said  rei>(»rts.  j*,'^';';:-^','"'''^ 
And  it  shall  als(»  l)e  his  duty  to  include  in  said  record 
any  and  all  deaths  which  may  not  be  reported  bv  the 
jdiysicians  ;    so  that  said   record   book  may  contain 
memoranda  of  all  deaths  that  may  occur  in  the  city. 

Se<'.  11)4.  Thej'c  shall  be  ajtpointed  annually  by  tlie'iiys^x- 
Citv  Council,  a  Sexton,  whose  dutv  shall   be  to  take  <•■ » ""'i 'lu 
charge  (•!   the  new  cemetery,  keep.a  map  of  the  same, 
in  which  all   the  hit;;  and  sul)divisions  shall   Ik-   proji 
erly  designated  ami  numbcre<l,  and  take  care   of  the 


82  MOKTIAUY  KErOKTS,  SEXTb:sr!.ils*D -tTEME'lliKV. 

isaiijc,  and  see  that  the  fences,  slirubbei'vViUKl  ntUer 
ini})rovonients  are  kept  in  proper  repair. 
Sextons du-     Se  .  1\)5.  It  sluill   l>e  tlie  flutv  of  tlie  sexton  to  (Wu; 

ties  and  _       •'  ' 

compensii-  all  oTaves  that  may  li(>  j'e<|viirc<l  to  he  unii",  not  less 
than  four  feet  six  inclies  deep,  and  lu-  may  provide  a 
g'ood  hearse,  and  attend  at  such  time  and  ])iace  as  the 
friends  and  rchitious  of  tlic  deceased  jnav  rerpiest ; 
for  all  wliich  services  ]io  shall  j'eceive,  for  athdts,  the 
sum  of  seven  dollars  eacli,  and  for  children  five  dol- 
lars ;  for  pau[»ers  and  slaves  he  shall  receive  only  live 
dollars  for  use  of  hearse  and  dii-'gin;^-  <;'ra\e.  And 
Avliere  the  sexton  onl\'  di^'s  the  i>Tavc5.and  buries  the 
dead,  he  shall  i-ecelAe  five  dolhii-s  for  adults,  and 
three  dollars  for  c]iil(h-eii. 

No  person        Sec.  IOC*.  No  person  or  ijersons  shall  he  allowed  to 

allowed  to  .... 

bury  a        hurv  auv  dead  hodv  Avithout  ii-ivino-  timely  notice  to 

(iorppein  •  •'  -^  _  . 

cemetery     tlic  scxtou,  and  itayiuiT  him  to  dit;'  the  i^rave,  except 
tieetosex-  ]ieo;roes,  Avho  uiav  hui'v  their  (jwii  dead,  upon  paviui? 

ton.  i5  '  .,  „  3       1  1     „        ;-> 

the  sexton  one  dollar  for  designating  the  spot  or  place 
Avliere  the  grave  is  to  lie  dug.  And  any  ])erson  viola- 
ting the  provisions  of  this  section,  shall  he  lined  ten 
dollars,  and  any  additional  amount  not  exceeding 
I'cnsdty.  j^j-^^.  dollars,  that  may  he  necessary  to  defray  the  ex- 
pense of  red»u]-ving  a  l)ody  hui-ied  in  nn  im])ro[»er 
])lace  or  nuinner. 
s*xton  Sec.  107.  The  Sexton  mu^t  kee]">  a   b<Jok   in   which 

lenordoi     shall  be  recorded  tlie  Jiame,  age,  hirth  place,  cause  of 

)iiinals;  Af.     ,        1        ,.  1        •     1  1    ii  ,       ,.     I 

death  ot  every  person  t)uried,  and  the  pai't  ot  tlie 
cemetery  in  Avhicli  each  body  is  buried. 
Nopi-rsou  Sec.  198.  It  shall  not  be  lawful  for  any  person  not 
riedinoid"' having  relatives  already  buried  in  the  old  graveyard, 
exc^puhoseto  be  buricd  there,  Avithout  permission  of  the  Mayor, 
livcsburied  and  anv  person  Violating  the  provisions  ot  this  sec- 

ihfre  now.      .  "  .  .  '  •    i       i      n     i        i-         i     •         i 

tion  by  assistnig  in  sucli  bunab  shall   be  nnea   in  the 
s-uni  of  tAventy  dollars. 
Ne^ioe.s  Sec.  100.  It  shall  not  be  lawful  for  any  negro  to  be 

illuiedin  ^"^  buried  in  the  old  grave  yard,  and  any  Mhite  person 
y'a'r.n"*^*     or  free  colored  j^erson  who  is  in  any  way  instrumen- 
tal in  the  violation  of  this  law,  sludl  o\\  conviction  be 
line<l  twenty-five  didlars.  and  any  slave  guilty  of  a 


STEA^[DOATS,  KIV'EK,  AND  RIVKli  BAXKS.  S3 

like  offence  sliall  be  subject  to  a  lik<'  line,  t<>   b'/  col- 
lected of  the  owner  of  the  slave. 

Sec.  200.  Any  lierson  who  wilfully  or  maliciously  il,|-;,PfJ''"" 
injures,  defaces,  renioves  or  destroys  any  tomb,  uion- 1,"^^^^",*'^^^^^ 
nment,  <;-ravc-stone,  or  au}^  other  memorial   of  thej*!!'!'"'^""'*'^' 
dead,  or  any  f(Mice  or  inclusure  about  any  tomb,  num- 
umeut,  grave-stone  or  menu)rial  of  the  dead,  or  wil- 
fully destroys,  removes,  cuts,  breaks  ur  injures  in  any 
way  any  tree,  shrub,  or  plant  within  such  inclosifre, 
shall  be  lined  not  exceedijiii;  fifty  dollars,  and  imi)ris- 
oiied  not  exceeding"  thirty  days,  one  or  ])otli  at  the 
discretion  of  the  olliccr  trvinc:  the  same. 


ARTICLE  5. 

STEAMBOATS   AND    OTIIEK   AVATER   CKAFT,    KIVER   AND    KIVER   BANKS. 

Sec.  201.  It  shall  not  be  lawful  for  any  person  or'i'nvniDg 

■     *■  iuln ft  steam 

persons  wilfully  to  cast  loose  from  its  moorimrs,  or  to'"'='t^oro"»- 

^  •'  '      '  or  water 

turn  adrift  any  steamboat,  ferry-boat  or  Hat-boat,  or  ',"'?!'!•  ¥''"- 
any  other  species  of  water  craft,  lyinp;  within  the 
jurisdiction  of  Selma,  wantonly,  or  with  intent  to 
injure  the  owner  of  such  vessel,  or  any  propert^^or 
pierson  on  board  of  the  same.  And  any  person  so 
doing,  shall  be  hned  in  any  sum  not  exceeding  lifty 
dollars,  and  imprisoned  not  exceeding  thirty  days. 

Sec.  202.  The  City  Marshal  shall  have  power  andcuvMar- 

•'  -T  slial  has 

authority  to  regulate  the   stationing;,   mooring  and r^^^^to 

</  o  {7'7  o  regiilato 

anchorage  of  steamboats  and  other  boats  and  water- '^',.°^'J'iJJ^'*^- 
craft  within  the  jurisdiction  of  the  City. 
Sec.  203.  Any  captain  or  other  person  in  charge  I'pnaity  for 

"  *  ■■•  '^     rofusing  to 

of  any  stcaml)oat  or  other    watercraft,  who  refuses o|'<vMar- 
to  comply  with  an  order  from  the  Marshal  to  remove 
liis  vessel,  shall  be  fined   ten  dollars,  and  at  that  rate 
for  every  half  hour  the  same  may  remam  al'ter  an 
order  is  iriven  to  remove. 

1  and 
Tinj 

any   steandjoat  or   other  watercraft,  is  required  to  [,';"",',^7rom 

istmotinf! 
rry  liind'g 


Sec.  20i.  The  captain  or  other  person  in  charge  of  |,",f'pJ!J,"j„„.^ 

e 
From 

remove,  npon  retpiest  from  the  ferryman  <>v  Citv  "^far-  f,!',Ty'iand'K 


n 


8i  FIEE   DEPARTMENT. 

slial,  from  iiny  position  that  obstructs  the  ferry  land- 
ing ;  and  on  failure  or  refusal  to  comply  with  such 
order,  the  owner,  captain  or  otlicr  person  in  charge 
of  such  boat  or  watercraft,  shall  be  fined  ten  dollars 
for  every  half-lionr  such  boat  or  other  craft  may  re- 
main after  having  been  ordered  to  roniuve. 
Digginsand  Sec.  305.  It  sliall  be  unlawful  for  aii\'  jtcrson  or 
way  river    persons,  upou  auy  ijrcteuce  wliatever,  to  dii;-,  cut  or 

bank  or  '         .  i'     i       i        i'         ,>     t      ^    • 

street  pro.  carrv  away  any  portion  01  the  banks  oi  the  river  or 

liiWted.  "^  11  1  T         1  1    .  .1 

streets,  alleys  or  public  thoroughiaros  ot   the   city, 
without   leave  of  the  Cunncil.     And  any  person,  so 
doing  shall  be  fined  live  dollars  for  each  otfence. 
„  ,, .     .        Sec.  206.  It  sludl  not  l)c  lawful  fur  any  person  to 

Biitliing  in  _  ''    ••■ 

river,  water  jjathe  iu  the  rivcr,  water  tanks  or  branches  or  streams 

tanks,  or  ' 

'^rohtbUud  ^^  watcr  xvitliin  the  city,  between  daylight  and  dark; 
and  auy  person  convicted  thereof,  shall  be  fined  five 
dollars. 


CHAPTER  VI. 
fiees  and  eegulations  for  prevention  thereof. 

AuTiCLE  1.  Fire  Depavtinent. 
"      2.  Fire  Limits. 

"       3.  Duties  of  officers  and  citizens  atlircs. 
"      i.  Regulations  to  prevent  iires. 

ARTICLE   1. 

VUIE   DEPAKTJIENT. 

Sec.  20T.  It  shall  be  lawful  for  the  firemen  of  the 
tion  of  iMre  (.[^j  ^q  organize  an  Association,  to  be  known  as  "  The 


Organizft' 
tioh  of  F 
Depnrtni 


jpnrtni'nt        <J  n  -  "  _     ,      -  .  _  ..       — ~       _ 

s  to' nake  ^^'^^  Department  of  the  City  of  Selma,"  which  shall 
regulations.  gQj^g^g^  of  all  fire  Companies,  hose  companies,  and 
hook  and  ladder  companies  now  or  hereafter  to  be 
organized  in  this  city  ;  and  it  shall  have  power  to 
make  such  by-laws,  rules  ond  regulations  as  do  not 
conflict  Avith  the  laws  of  the  State  of  Alabama,  nor 
with  existing  or  future  laws  and  ordinances  of  the 
city. 


FIBE  DEPARTMENT.  85 

Sec.  208.  There  slipJl  be  established  such  number  Zfol"'%T<, 
of  fire  companies,  hose  companies,  and  hook  and  hid-  ;;,Td  ^0^' 
der  companies,  as  may  be  deemed  expedient  by  the  l^ZTom-'' 
Coimcil.     Each  of  said  companies  shall  be  organized  uyl^wsfL 
and  g-orernedby  such"  rules  and  l)y-laws  as  they  may 
deem  best ;  provided,  the  same  do  not  conflict  witli 
the  laws  of  the  Stata  or  city  ;  atict  to  impose  tines  for 
violation  of  such  rules  and  by-laws,  and  collect  the 
same,  and  to  elect  such  officers  from  their  mendiers 
as  they  may  deem  proper. 

Sec!  200".  The  Fire  Dei)artment  shall  be  under  the  Kn^n-j^'^j;'' 
control  of  one  Chief  Engineer,  and  two  assistanis,  oioct> on. 
to  be  knownas  Jst  and  2d  Assistant  Engineers,  avIio 
sliall  be  elected  from  and  bytlie  members  of  tlieFire 
Department  on  the  1st  Monday  in  May  of  every  year. 
Said  election  to  bo  hold  under  the  management  of  an 
officer  or  delgate  from  oavli  company  composing  the 
Fire  Depart nuMit. 

Sfc    210.  In  the  event  of  the  vacancv  of  the  office  vacancy  of 

'  .       .  T-i"      .  in    the  office  ef 

of  Chief  Engineer,  the  Ist^  Assistant  Engineer  ^hall,  chicf^Ensi- 
within  ten  days  lliereaftcr,  order  tlie  election  of  some  fined, 
member  of  the  Dcjiartment  to  till  tlie  vacancy  during 
tlic  unexi)ired  term  ;  wliich  election  shall  be  .'by  the 
(pialified  voters  of  the  Do[)artment  at  such  time  and 
place,  within  twenty  days  after  the  vacancy  occurs, 
as  the  1st  Assistant  ma}'  direct. 

Sk(\  211.  If  the   offices  of  either    1st  or  2d  ^s-^';^™rof 
sistant  Engineer  becomes  vacant,  the  vacancy   shall  Assistant, 
be  supplied  by  appointnuMii,  by  the   Chid"  Engineer, 
of  some  member  of  the  Department,  to  iill  the  va- 
cancy during  the  unexpired  term. 

Sec.  212.  No  person  shall  be  allowed  to  vote  at  an  ^^„^,,p^^. 
election  of  Chief,  or  1st  or  2d  Assistant  Engineers,  Jj^o"  of  vo- 
who  has  not  belonged  to  the  ]^("pnrtnuMit  thirtv  days 
previous  to  the  election. 

Sec.  213.  The   Chief  Engineer,  or  in  his  absence,  ^^^^^^^^^ 
the  1st  Assistant  Engineer,  orin  their  absence,  the  2d  Enj:.neer»^ 
Assistant  Engineer  sluill,  at  fires,  or  an  alarm  thereof,  r^^^ 
have  entire  control  over  the  firemen  and  over  all  thetin-n..- 
cn<nnes  or  other  apparatus  belonging  to  companies 


86 


Engineer 
required  to 
inspect  ap- 
paratus. 


Chief  Ensi- 
iieer'siinnu- 
al  report. 


Engineers 
furnislied 
with  cap 
and  trum- 
pet at  ex- 
pense of 
ciiy. 


Appropria- 
tions to 
companies 


Before  re- 
ceiving ap- 
jn-opriation 
Company 
must  Ini-n- 
jsli  state- 
ment. 


TIEE  DEPARTMENT. 

composing  tlie  Fire  Department ;  and  any  officer  or 
member  of  tlie  Department  refusing  to  obey  any  order 
of  the  Engineer  in  command,  shall  be  fined  ten  dollars. 

Sec.  214.  The  Chief  Engineer  shall,  as  often  as  he. 
may  deem  necessary,  but  not  less  than  once  a  month, 
inspect  the  engines,  Iiose,  hooks  and  ladders  belonging 
to  companies  composing  the  Department,  and  if  any 
are  found  out  of  order,  may  either  cause  the  same  to 
be  put  in  order  by  the  owiiers,  or  reported  to  the 
Mayor  and  Council  as  needing  repairs,  which  will  be 
done  at  the  expense  of  the  city. 

Sec.  215.  The  Chief  Engineer  must  report  annually 
on  the  1st  day  of  May,  the  condition  of  the  Depart- 
ment, with  tlie  names  of  all  the  officers  and  members 
of  each  company,  with  a  statement  of  the  amount 
and  condition  of  all  the  a23paratus  belonging  to  each 
company. 

Sec.  21G.  Each  of  the  Engineers  shall  be  furnished 
witli  a  a  speaking  trumpet,  and  a  fire  cap,  (the  latter 
having  the  title  of  the  officer  printed  thereon) 
for  which  the  city  will  pay,  not  exceeding,  however, 
twenty-five  dollars  for  any  one  year. 

Sec.  217.  To  all,  such  companies  as  fidly  conform 
to  the  laws  and  ordinances  of  the  city,  adopted  for 
their  government,,  there  shall  be  appropriated  an- 
nually, on  the  last  Saturday  in  February,  out  of  any 
money  in  the  city  treasury  not  otherwise  appropria- 
ted, as  follows  : 

To  each  Fire  Engine  Company, $100  00 

To  each  Hose  Company, 50  00 

To  each  Hook  and  Ladder  Company, 50  00 

Said  sums  to  be  payable  quarterly,  on  the  order  of 
the  foreman,  countersigned  by  the  secretary. 

Sec.  218.  Before  receiving  the  annual  payment, 
each  company  must  furnish  the  Council  with  a  de- 
tailed statement  of  its  condition,  showing  the  names  of 
its  officers  and  active  members,  the  amount  and  con- 
dition of  its  apparatus,  and  of  the  manner  in  which 
the  last  appropriation  was  expended,  signed  by  the 
foreman  and  secretary  of  the  company. 


FIEE    DlSrARTJIENT.  87 

Sec.  219.  Tlio  Engineer  in  command  at  a  fire,  sliall  Engineer 

-  ..-.,.  ,  ixn       autriorizcd 

be  autliorizca,  Avithtlie  concurrence  ot  the  other  En-'otenr.iowu 

/»     1         -HI-  y-1  buildings, 

gmeers  present,  or  oi  the  Major  or  a  Councuman,  to  f^^nces,  &c. 
pull  down,  or  remove,  or  cause  it  to  be  done,  any 
building  matter  or  thing,  which  may  be  deemed  neces- 
sary in  the  exercise  of  a  sound  judgment,  to  arrest 
the  ravages  of  the  conliagration. 

Sec.  220.  Fines  imposed  by  companies  on  their  fj^^"^!"^  ^,"'- 
members,  in  accordance  with  the  provisions  gf  Sec-ti'^l'^^jy^'"® 
tion  208,  may  be  collected  by  suit  before  the  Mayor  °'"  t;o""c>i- 
or. any  member  of  the  Council. 

Sec.  221.  It  shall  be   the  dutv  of  the  companies  compunics 

,1  (»ii  •  1*^1  1.  ''J  keep  in 

to  take  care  ot  anil  keep  in  good  order  their  respoc- order  tiuir 

1  1        1        1   ""i  1  T         1  cnfjiiiesand 

tive  engines,  hose,  nooks,  ladders  and  otiier  appara- ot'^"- api^- 
tus,  and  to  have  them  at  all  times  ready  for  use. 

Sec.  222.  Every  officer  and  member  of  the  Fire  F-'^'^'"p''"" 

*'  from  street 

Department  shall  be  exempt  from  Avorking  on  streets  ""'^  p°" 

••■  _  '  •"■  ~  taxes. 

and  from  paying  street  and  poll  taxes. 

Sec.  228.  It  sliall  be  the  duty  of  tlie  foreman  or  J^>"ff'»f-''  * 

«'  other  ajipa- 

officer  in  command  of  each  company,  to  cause  his  en- |;^*^^^J^ '"*''- 
giue  or  other  apparatus,  to  be  Avashed  and  cleaned  '^''^■«"ed 

c  1.  ±  '  oiien  a 

at  least  once  in  each  month,  by  the  company,  under  "^'^'^t''- 
penalty  of  ten  dollars  for  each  omission,  to  be  retained 
out  of  the  appropriation  made  by  the  city  to  the  de- 
linquent conq^any. 

Sec.  224.  Upon  an  alarm  of  fire,  it  sludl  l)e  the  Firemcme- 
duty  of  the  firemen  to  proceed  immediately,    with  pron'iptiy 
their  engine  and  other  apparatus,  to  the  place  whence  'Ues! 
the  alarm  proceedc-,  and  remain  at  the  fire,  acting  un- 
der the  direction  of  the  Engineer  in  command,  until 
he  orders  their  return  home. 

Sec.  225.  Any  person  M'ho  may  remove,  or  assist  xo  person 
in  removing  any  engine  or  other  apparatus  belonging  "I.'Ive'^^n- 
to  the  Fire  Department,  from  its  place  of  dej^osit,  wi'thoutcon- 
without  the  presence  and  consentof  a  member  of  the  member  of 

i  1  1  T     1  -I     11  thoCompa- 

company  to  whom  tlie  apparatus  belongs,  shall  be  ny- 
fined  ten  dollars,  which,  when  collected,  will  be  paid 
to  tiic  company  avIiosc  ai)]>aratus  is  removed. 


88  FIKK    LIMITS — DUTIES  OF  OFFICEKS  &  CITIZENS  AT  FIKKS. 

ARTICLE   2. 


No  person 
must  erect 
wooden 
buildings 
witliin  fire 
limits. 


Penalty. 


FIRE   LIMITS. 


Wooden 
buildings 
must  not  be 
moved  into 
Are  limits. 


Sec.  226.  It  shall  not  be  lawful  for  any  person  or 
persons  to  erect,  or  rebuild,  or  make  additions  to  any 
wooden  building  or  structure  in  that  part  of  the  city 
extending  from  the  foot  of  Sylvan  street,  on  tlie  Ala- 
bama river,  running  tlience  to  Water  street,  thence 
along  Water  street  to  Green  street,  tlience  northwardly 
on  Green  street  to  Alabama  street,  thence  westwardly 
to  Franklin  street,  thence  northwardly  to  Selma  street, 
thence  westwardly  on  Selma  street  to  Washington 
street,  thence  northwardly  to  Dallas  street,  thence 
westwardly  to  Church  street,  thence  southwardly  on 
Church  street  to  the  Alabama  river,  thence  up  the 
river  to  the  foot  of  Sylvan  street. 

Si':o.  22T.  Persons  erecting  buildings  of  stone  or 
brick,  or  other  material,  within  tlie  limits  prescribed 
in  the  preceding  section,  shall  be  required  to  put  lire- 
proof  roofs  thereon,  and  any  person  violating  this 
section,  or  the  preceding  one,  must,  on  conviction,  be 
fined  twenty-iive  dolhirs,  and  live  dollars  for  every 
day  the  violation  shall  continue  ;  and  any  building  or 
roof  in  violation  of  tliis  section,  shall  be  deemed  a 
nuisaiKJ-c,  and  shall  be  removed  at  tlie  expense  of  the 
owner  or  owners  thereof. 

Sec.  228.  'No  person  shall  be  allowed  to  remove  a 
wooden  building  from  without  the  lire  limits,  to  a 
point  within  said  limits ;  nor  to  move  a  wooden  build- 
ing from  one  point  to  another,  within  the  fire  limits  ; 
and  any  person  who  shall  violate  this  section,  shall  be 
fined  twenty-iive  dollars,  and  five  dollars  for  exorj 
dav  the  violation  continues. 


ARTICLE  3. 

DUTIES  OF  OFFICERS   AND  CITIZENS  AT  FIRES. 

Sec-  229.  The  Mayor,  or  in. his  absence,  any  one  of 


REGULATIONS  TO  PREVENT  FIRES.  89 

the  Council  may  direct  and  control  operations,  andJrnyor  simii 

,  111        ni  liiive  con- 

shall  liave  coniiuand  of  the  Marshal  and  all  otlier  tioi  of  citi- 
zens at  lires 
able  bodied  persons,  except  such  as  may  belong  to 

the  Fire  Department ;  and  shall  take   such  measures 

as  in  his  opinion  are  best  calculated  to  arrest  the  fire, 

and  station  a  guard,  if  necessary,  to  jirotect  property 

against  the  five,- and  against  thieves  and  evil  disposed 

persons ;  and  it  slinll  be  the  duty  of  the  City  Council 

to  aEsist  the  Mayor,  or  his  representative,  in  tJie  dis- 

charGie  of  said  duties. 

Sec.  230.  Every  al>lc  bodied  man  present  at  a  lire, /^Jj^,^, 'Jl^jf^- 
Avho  shall  refuse  to  enter  in,to  line,  to  carry  water,  or  !;|;jij"*'^'^^"^^  ^'^ 
to  do  any  other  thing  which  might  be  necessary,  and  "^■*^'^- 
which  Avould  not  endanger  his  life,  limb  or  health, 
upon  the  order  of  the  Mayor,  or  any  one  of  the  City 
Council,  shall,  for  each  and  every  such  offence,  be 
lined  ten  dollars  and  costs. 

Sec.  231.  It  shall  be  the  duty  of  the  City  Maibhal,  •^'^''■■^•v'i«'- 

t/  J  '  qnliod  to 

upon  an  alarm  of  fire,  to  cause  one  or  mure  Church ''■',V' ''''''''^ 

»■  '  lie  Ms  rung 

bells  to  be  rung  for  fifteen   minutes,  or  until   (he  lire  =^''''"'*-'^- 
is  extinguished. 

Sec.  232.  It  shall  be  tlie  duty  uf  the  Marshal  aud'^f^V'"'"''"*"^ 
])olice  olhcers  to  repair  at  once  to  the  place  where  ;ij{'jj^;:} '"^ 
there  is  a  lire,  and  to  obey  such  orders  as  maybegiv-};^;^''"!'"^'"'' 
en  by  the  Mayor  or  Councilmen. 


ARXICLE  4. 

KEOULATIOXS   TO    PIIEVKXT    FIKES. 

Sec.  233.  No  person  shall  be  allowed  to  burn  oat^, . 

■■■  Chimneys 

or  cause  to  be  burned  out,   any  chimney  or  flues  be-"'""^",""'^','' 

'  «'  'J  burned  ont 

tweeu  the  hours  of  5  v.  m.  and  9  a.  m.,  unless  it  be  ;'^  "'f ''' ""- 
raining  at  til e  time;  and   any  person  violating  this '*"''"• 
law  shall  be  fined  not  less  than  five  dollars. 

Sec.  234.  All  chimneys,  stoves  or  other  i)laces  lor  chimncvs, 
keeiun'j:  fire  in,  on  or  about  the  premises  ot  any  one lik^i.v lo 

take  Hrt'  (ic- 

that  would  be  likely  to  take  fire  and  burn,  and  there-  cinred  imi- 
by  endanger  adjoining  property,  ie  hereby  dechired  a 


90  EteHLATIOlsS  TO  PKEVENT  FIRES. 

nuisance;  and  ally  person  owning  siicli  place,  shall, 

by   ttrd^r.'^of  tlie   City  Council,  have  such  chimney, 

stove  or  other  place  for  keeping  fire  in,  repaired  or 

done,  away  Avith,  as  the  Council  may  decide.     And  it 

isiiereby  made  the  imperative  duty  of  the  Marshal 

to  enter  upon  the  promises,  and  inspect  such  places, 

and  make  rc])ort  to  the  City  Council,  and  any  person 

■*      refusing  to  comply  with  the  orders  of  the  Comicil, 

'.  .  in  a  reasonable  time,  shall  be  fined  on  conviction 

•"^  tliereof,  not  less  than  live  dollars  fur  every   day  the 

^  ^       '        same  re|naius  in  A'iohition  of  this  law. 

^mokiiv  in  if-' Sec.  ^35.  It  sliall  nut  be  hxM'ful  for  any  person  to 
\  iwiseVp'ro- sinoke  cigars  or  pipes  Avithin  the  inclosurcs  of,  or  on 
hibiied..^^,   the  platforms  of  any  of  the  cotton  warehouses  in  the 
/  „  oity  ;  and  any  person  convicted  thereof  sliall  be  fined 
^>[iotless  than  one  dollar. 
shootin""-' of*^   S^^-  ^^^-  it  shall  not  be  lawful  for  any  person  to 
in-ewevks*!-^-^^*^*^^  Or  discharge  any  species  of  fire  arms,  or  set  oif 
prohibitedA  .^j^y  sl^y-rocket,  squib,  cracker,  or  any  other  kind  of 
■^^  fire- works  within  the  corporation,  and  any  person  vio- 
^.  lating  this  law,  (without  a  special  permit  from  the 
/  Mayor  or  City  Councilman,)  shall  be  fined  five  dollars 
for  each  ofience. 
"Sec.  237.  No  person  shall  be  allowed  to  keep  on 
ceedingflf-'  hand.  Within  the  city,  on  any  account,  more  than  one 
muJtTede-keg  of  gunpower,^which  must  be  kept  in  tin  or  other 
magaz'in'e!    metallic  cascs  or  caiiisters.     All  persons  receiving  a 
thatam'nt   larger  quantity  than   one  keg,  sliall,  within  twelve 
taiuccans.  liours  thereafter,  apply  to  the  Marshal  and  have  the 
same  deposited  in  the  powder  ntjlgitxi-HC ;  -and  any  per- 
son violations  any  of  tlie  provisions  of  this- law,  shall, 
on  conviction,  -"^'e  fined  fifty  dollars. 

Sec.  238.  The  .City  ]\larshal  shall' have  charge  of 

have ehir°e  ^^^®  magazine,  and*  receive  and  deliver  all  powder  to 

aiilThf^fees  ^^^  stored  in  or  delivered  out  of  the  magazine,  for 

and  ddi'vei?  wliicli  lie  sluill  rcccive  on  delivery  of  the  powder,  for 

iiy  powder.  g^g|-^  \^g,  fifty  cents,  for  each  half  keg,  twenty-five 

cents,  for  each  quarter  keg,  twelve  and  one-half  cents, 

and  barrels  and  half  barrels  in  proportion  ;  and  if  the 

Marshal  fail  to  promptly  receive  and  deliver  powder, 

he  shall  be  fined  ten  dollars  for  each  failure. 


MISCELLANEOUS  OFFENCES.  91 


OHAPTEE  YIL 

MISCELLANEOUS  OFFENCES. 

Sec.  3o0.  Every  person  who  shall  he  sjniltv  of  an  Affmys 
aftVay  in  -wliich   neither   a  stick  nor  other  weajion  weapon. 
is  used  by  liini,  sliall  on  conviction  be  finct^B^Lcss 
than  tive  dollars.  ^^^^^k 

Sec;  240.  Any  person  M-ho  sliall  be  gnil^^^B*-  ^^'J;;^';;::;"' 
fray  in  which  a  stick  or  other  weapon  is  nsi^^^^^i, 
shall  on  conviction  be  lined  not  less  than  ten  aoUars. 

Si:('.  21-1.  Any  person  who  shall  be  a;nilty  of  an  af-Affn.yswitii 

•'    i  o  ./  ti realms  or 

fray  in  wliich  he  nses  firearms  or  other  deadly  wea-''<^«<"y 
pon,  shall  on  conviction  be  fined  not  less  than  twenty 
live  ddUnrs. 

ISkc.  24:2.  Any  person  who  shall  commit  an  assault  j^;^,^-;;,!'^*;-^ 
and  battery,  slinll  on  c<tnvicti(^n  be  lined  not  less  than 
five  dollars. 

Sec.  243.  Anv  person  who  shall  commit  an  assault  A^^!«"'ta.n;i 
and  l)attcry  in  wliich  a  stick  or  other  weapon  not  ^vcapons. 
likely  to  cause  death  shall  be  used  by  him,  shall  on 
conviction  be  lined  not  less  than  ten  dollars. 

Sec.  244.  Any  person  who  sliall  commit  an  assault firlarmso? 
or  assault  and  battery  with  firearms  or  other  deadly  j'jih*'^^;^^;*^'';"'^^ 
weapon,  shall  on  conviction  be  lined  not  less  than 
twenty-five  dollars. 

Sec.  245.  All  persons  who  mav  be  on  trial  for '  a  I'-^i Jcik-c of 

1  _"_  ubnsivo  lan- 

violation  of  sections  231),  240,  Wt,  242  and  243   of«»-'Jf;i-.or^^,^ 
this  Code,  may  be  allowed  to  give  in  evidence  ^".y  "'.l^jt.;;;*]'/*'' 
opprobrious  language  or  abusive  epithets  or  other  in-'"^'^'- 
suit  used  by  the  l)arty  l)eaten  or  assaulted,  and  the 
same  may  or  may  not  go  in  mitigation  of  damages, 
or  in  justitication  of  the  olience,  as  the  officer  trying 
the  same  may  in  his  discretion  determine. 

Sec  246.  All  persons  who  now  have  or  may  here- Arto.-inn 

...  ,  !•      "'i  wells  must 

after  have  artesian  wells  m  the  corporate  limits,  are  havedrain«. 
rc(piired   to  have    the   same   drained  off  so  as  not 
12 


92  MISCELLANEOUS  OFFENCES. 

to    accumulate   or   stand   anywlicj-o   in    the   city. 
Penalty  for      Sec.  247.  Auv  owucr  of  an  artesian  well  who  may 

not  draining  ''  -in 

otf  water,  fail  to  liavc  the  water  drained  on,  shall  he  lined  nve 
dollars  for  ever}^  day  the  same  is  allowed  to  stand  in 
the  city,  after  heinj;-  notilied  to  drain  it  otl'. 

Camping         Sec.  248.  It  shaU  he  unlawful  for  aiiv    jicrsoii  to 

andlighting  t    w  j-  x-  ^i  i.        \         ^^ 

fireson       cauip  or  lii>'lit  tircs  on  any  oi  the  streets,  alievs,  or 

streets  pro-  ^.  '-^  -i         •    i         '  •  •   i         ' 

hibited.       puhlic  or  out  lots  or  grounds  ot  the  city,  without  cou- 
thc  Mayor  or  of  the  ownoi's  of  the  hind,  and 
1  convicted -of  a  violation  of  this  huv,  shall 
e  dollars  for  each  offence. 


FiKiithiKof    ^^^^H  It  shall  not  he  lawful  for  anv  person  to 

cocks  or  ^^^^^^v         t'l. 

oUier  ani-    en^P^HIn  cuCK  tiiditmo;  or  in  inakiujj:  doy,'S  or  other 

jnals  pro-  .-^^^^^  .  ^         •  o  o  . 

hibited.  'animals  tight  within  tlie  city  limits,  and  any  white 
person  guilty  thereof,  must  on  conviction  he  fined  in 
any  sum  not  less  than  ten  iiar  more  tlian  iil'ly  dollars, 
and  any  and  all  persons  who  may  wilfully  assemhlc 
to  witness  such  fight,  shall  be  lined  five  dollars. 
Slaves  or  free  colored  persons  violating  this  law  must 
he  ]mnished  hy  the  infliction  of  thirty-nine  laslies: 
Defacing  or  g^c.  250.  Auv  pci'sou  wilfullv  dcfacinir  any  huild- 
public  build  j, J p-  helonsnni;-  to  the  city,  or  anv  of  its  inclosures,  by 

ings,  &c.,  '^  o      ti  J  ^  .  . 

proiiihited.  posting  bills  tliereou,  cutting  the  same,  or  otherwise 
injuring  the  same,  shall  upon  conviction  bc  fined  not 
exceeding  fifty  dollars  ;  and  if  a  negro  is  the  offender 
lie  shall  receive  thirty-nine  lashes. 
Defacing         ^EC.  251.  Any  pcrsou  wautouly  injuring  any  church, 
aud'other    school-houso,  or   othcr  building,  or  any  fencing  or 
prohiWtoi.  inclosures  thereof,  by  writing,  tutting  or  drawing  fig- 
ures, characters,  or  letters   thereon,  or  in  any  way 
wilfully  defacing  the  same,  shall  upon  conviction  be 
fined  not  exceeding  fifty  dollars  ;  and  if  the  offender 
is  a  negro  he  shall  receive  thirty-nine  lashes. 
'^''    Disorderly       Sec.  252.  Any  pcrsou  who  shall  be  found  cursing 
cursing,' &c.  or  swcariug,  or  talking  in  a  boisterous  and  disorderly 
manner  in  any  public  place  of  the  city,  or  shall  be 
guilty  of  any  other  noisy,  riotous  or  disorderly  con- 
duct, or  -willingly  engaged  in  any  way  in  a  breach  or 
disturbance  of  the  peace  and  quiet  of  the  city,  must 
on  conviction  be  fined  not  exceeding  fifty  dollars,  and 


■'^^ 


MISCELLANEOUS  OFFENCES.  93 

imprisoned  not  exceeding  t^renty  days,  one  or  both  at 
the  discretion  of  the  officer  trying  the  Case  ;  and  if  a 
slave  or  free  negro,  he  sliall  be  pnnishcd  witli  not  ex- 
ceeding one  Imndred  lashes. 

Sec.  253.  If  any  person  keeping  a  public  Jiousc  <jf  ^,f^,Pf {■''„;^^ 
any  kind,  shall  pei'niit  any  person  to  disturb  tlie  ])eace  ^^^p»5'j|^.'^1JJ;| 
and  quiet  of  the  neighborhood  by  loud  singing,  bois-  ^j,n%^p^If„ 
terous  cries,  or  noises  of  any  kind  tvdiatever  disturb- ^^^'^r'"'""" 
ing  the  quiet  and  good  order  of  the  neighborhood,  lie 
sliall  on  conviction  be  fined  not  less  than  five  dollars. 

Sec.  254.  Any  person  who  wilfully  distijj^l^  or  in- WMnii.ing 
tcrnipts  anv  asscuiblv  of  people  nict  for  ri^Wous  or '^'■";''''';'* , 
other  lawful  purpose,  by  noisy,  profane,  rude  or  inde- 
cent behavior  of  any  kind,  or  by  any  other  act  at  or 
near  the  place  «>f  asseniblago,  he  shall  be  lined  in  any 
sum  not  exceeding  lifty  dollars,  and  inipi-isoiied  not 
exceeding  thirty  d;iys,  one  or  both. at  the  discretion  of 
the  ofhcer  trying  the  ollence. 

Sec.  255.  Any  person  ibund  drunk  or  Iviui'-or  staa:- i^ninu-pn- 

''    '-  ^  ./       .-1  o    iiossunn- 

gering  aboui  the  streets,  alleys  or  sidewalks,  must  bc'^'^p"'- 
arrested  and  inq)risoned  till   sober ;  and  when  sober 
must  be  arraigned  before  the  City  Court,  and  on  con- 
viction be  fined  not  exceeding  twenty  dollars. 

Seo.  250.  Any  person  avIio  shall  i>lay  at  any  gfiiiie^.j^,,^j^„ii^ 
AMith  cards  or  dice,  or  Avith  any  device  or  substitute  "J'^jl-y^jyl'^^^ 
for  the  same,  ^t. any  tavern,  inn,  storehouse  or  store 
room,  or  any  i>ublic  house,  or  any  house  or  i)]ace 
where  the  public  are  permitted  to  resort  for  businoss 
or  pleasure,  shall  on  conviction  be  fiiietl  not  less  than 
ten  dollars. 

Sec.  257.  Any  i)erson  who  keeps  or  exhibits  anyKooj.inK 
cramiui!!:  table,  or  table  of  anv  kind  used  for  •••aniini;:, '''<:proi>i''i- 
c)r  is  interested  in  tin;  keej»ing  or  (.*xhibition  thereof, 
must  on  conviction  be  lined  iifty  dollai's.  and  impris- 
oned not  exceeding  thirty  davv. 

Sec.  25S.  Any  person  Avho  bets  or  slakes  any  thing  nctiinK  at 
on  any  gaming   table,  mentioned  in  the  preceding  ^f^punisiid 
sectioi',  must  on  conviction  be  lined  twenty  dollars- 

Sec.  25!>.  Any  person  <jf  full  age  wlio  bets  any  (.nmbiins 
money  or  thing  of  value  Avith  a  minor,  or  engages  in  punisheo'.'^ 


94  MISCELLAIs^EOUS  OFFFNCES. 

any  game  with  a  minor,  in  which  any  monej^  or  thing 
of   vahie  is  bet  or   stalled,  shall  on   conviction   he 
fined  twenty  dollars. 
Betting  Sec.  260.  Every  person  who  shall  plav  at  any  cjame 

monev  f*  .  ,  t  i "  -i       -  «/    o 

otherthing  with  cards  or  otherwise,  for  money  or  other  thino;  of 
prohibited,  value,  Or  bcts  or  stakes,  money  or  other  thing  of  value, 
/        in  any  way  thereon,  shall  on  conviction  be  fined  ten 
/  dollars, 

dipordedv       ^^^*  ^^^'  Every  person  who  shall  keep  a  disorderly 
"'■°^'"^^'"°  house  or  house  of  ill  fame  within  the  limits  of  the 
^i^y?  ^Hf  ^^^  conviction  be  lined  in  the  sum  of  fifty 
dolla^JPlid  shall  be  liable  to  pay  a  fine  of  twenty 
dolLars  for  every  day  he  or  she  sliall  continue  to  keep 
such  house  after  the  first  conviction. 
ot-houseL-of     Sec.  202.  Any  house  inhabited  by  lewd  or  disor- 
wiio  aiV'^  derly  women,  or  persons  of  bad  reputation  as  to  chas- 
th'e^ame'.    tity,   or  fre(|uented   by  persons  fur  tlie  purpose  of 
prostitution,  shall  be  considered  a  house  of  ill-fame, 
and  all  adults*  living  in  such  a  house  sluiU  be  consid- 
ered tlie  keepers  tliereof,.and  subject  to  the  penalties 
imposed  by  this  Code  for  such  an  offence. 
Persons  Sec.  263.  Any  pers||i  having  the  control  of  a  dwcl- 

rentiug  ,  -it    mS'     •  i  •       ^  •  i  in 

jiouses used  hug  or  otlicr  DUildniiFWithin  tiie  city  wiio  shall  rent 

as  houses  of        "  *1  ,'.,,. 

ill-fame  pun  it  or  permit  it  to  used  as  a  house  of  ill-fame,  shall  on 

ished.  -■■  ,  .'  . 

conviction  be  fined  fifty  dollars,  and  also  an  additional 
fine  of  twenty  dollars  shall  be  imposed  for  every  day 
such  person  allows  the  same  to  be  so  used  after  the 
first  conviction. 
Indecency       Sec.  264.  Any  pcrsou  who  may  use  any  part  of  the 

punished.  "'-'■  ,       c>  '     ""   i^  r>-\  i 

Kiver  Blufi  between  the  Jb  erry  and  the  foot  of  Cliurcli 
street  as  a  privy,  shall  be  fined  five  dollars. 

Idem.  Sec.  265.  Any  person  who  shall  intentionally  or 

wantonly  indecently  expose  his  or  her  person  on  the 
streets  or  alleys,  or  from  any  window,  balcony,  or 
other  publicly  visible  place,  shall  on  conviction  be 
fined  not  less  than  ten  dollars. 

Malicious        Sec.  266.  Any  person  wantonly  or  maliciously  in- 

inischief.  ,  •>    ^  ,  i .  .       ,  ^ 

juring  m  any  way  any  public  or  private  property, 
must  on  conviction  be  fined  not  exceeding  fifty  dol- 
lars, and  imprisoned  not  exceeding  sixty  days,  one  or 


MISCELLANEOUS  OFFENCES,  95 

both  at  tliG  discretion  of  the  officer  trying  the  case, 
and  if  a  negro,  shall  receive  one  hnndrcd  lashes — 
and  one  half  of  the  line  when  collected  shall  go  to 
the  person  injnrcd. 

Sec.  207.  Every  person  who  shall  bring  or  cause  P""?*"':^  * 
to  be  brought  to  the  city,  a  person  liaving  no  means  ?or"bril"'!"*r 
of  support,  and  unable  or  unwilling  to  work,  with  the  jj^^'^^j,'"'*' 
intent  to  make  them,  or  having  reason  to  believe  that  - 
they  will  be,  a  charge  upon  the  city,  or  on  the  char- 
ity of  the  citizens,  shall  be  lined  not  exceeding  twenty 
dollars  for  each  day  said  ]iaupcr  or  vagrant,  shall  re- 
main in  the  city.  '■' 

Sec.  208.  Every  pauper  vagrant  and  idle  or  disor-  ^f^^-'j^^' 
derly  person  of   evil  life  or  ill-tame;    every  person ^'^^p^^'°JJ^_ 
who  has  no  fixed  jdace  of  residence  and  no  visible  J'^^,\^'*fj}"'* 
means  of  support,  or  whose  conduct  may  be  suspi- ^^■•"*^'*"^"y- 
cious,  and  every  person  who  begs  or  loiters  about  the 
streets  or  other  public  i)laces,  shall  be  arrested  and 
carried  before  the  Mayor,  wlu>  shall  ^n-iler  him  or  her 
to  leave  the  city,  and  if  aftei'the  expiration  of  twenty 
four  hours  thereafter,  such  person  shall  be  found  in 
the  city,  he  or  she  shall  be  lined  not  exceeding  twenty 
dollars. 

Sec.  200.  Any  person  mIio  on  Sunday  labors  him-sabhaUi 
self,  or  compels  his  apprentice,  servant  or  slave  toprohibi'tod. 
perform  any  labor  except  the  customary  household 
duties  of  daily  necessity,  comfort  or  charity  within 
the  corporate  limits,  must  for  each  oftcnce  be  fined 
five  dollars. 

Sec.  270.  Any  person  who  engages  in  shooting,  idem, 
hunting,  gaming,  racing,  or  in  any  other  sport,  diver- 
sion or  pastime  on  Sunday,  or  any  merchant  or  shop- 
keeper, confectioner,  retailer,  or  any  other  person  who 
keeps  open  store  or  disposes  of  au}^  goods,  wares  or 
merchandise,  either  by  gift  or  sale,  on  Sunday,  (ex- 
cept in  cases  of  sickness  or  for  charitable  pur])0ses,) 
for  each  oft'encc  must  be  fined  ten  dollars,  and  any 
retailer  who  violates  this  law  shall  forfeit  liis  license. 

Sec.  271.  The  j^rovisions  of  the  two  preceding  sec- Exceptions, 
tions  do  not  apply  to  steamboats  or  other  vessels  nav- 


96  MISCELLANEOUS  OFFENCES. 

igating  the  waters  of  tlie  AlalDama  river,  or  to  any 
iiianufacturing  establishment  which  requires  to  be 
kept  in  constant  operation,  or  to  receivers  and  for. 
Avarders  of  produce,  goods,  wares  and  merchandise 
It  is  also  provided  that  barbers  may  be  allowed  to 
keep  open  their  shops  till  10^-  a.  m.  on  Sundays. 
No  person  Sec.  272.  Any  person  Avlio  injures  or  destroys  any 
"^''''^e  ^''e®s- shade  trees  not  belonging  to  himselt  shall  be  fined 

not  less  than  five  dollars. 
Hitching         Sec.  273.  Anv  person  who  hitches  a  horse  or  other        "^ 

horses  to  n      "i  i  i     n     i         j^         i 

trees  pro-    auimal  to  a  sliadc  trcc  on  the  streeis  shall  be  fined 

liibited.  ^  » 

fifty  cenfs. 

]\rock  or-         Sec.  274.  It  shall  not  be  lawful  for  any  person  to 

una  other    oxposc  or  placc  on  any  sidewalk,  street. or  alley,  or  in 

shrui.sand  jiuv  uninclosccl  lot  of  tlic  city,  any  leaves  or  boughs  c 
).oimius  ^v'-V"*  <;•  V^-'  .!•>.!  _  »        • 

must  not  bo  of  the,Tnock  orane;e  tree,  or  any  other  iftfiu*tMMM46  shrubs>4-*-v^^>t- 

ihrowninto  7\  °  A  ''     .  ^^^^v        i         J 

streets,  &e.  or  buslics,  and  any  person  so  domg  sliali  be  fined  not 

less  than  five  dollars. 
Concealed  Sec.  275.  Any  pcrsou  who  cai'ries  concealed  about 
must  not  be  his  pcrsou  a  loadcd  pistol  or  other  kind  of  firearm, 
a  bo wie  knife,  dagger,  or  knife  of  like  kind,  unless 
threatened  with,  or  having  reason  to  apprehend  an 
attack,  or  being  upon  or  about  to  start  upon  a  jour- 
ney, shall  upon  conviction  be  fined  not  less  than  ten 
d(.)ilars,  one  half  of  Avhicli  goes  to  the  informer,  when 
collected.  >^ 

forv^o^Xni/"    ^^''^-  '^'''^'-  ■^"^'  person  who  shall,  within  tJie  corpo- 
^''^'^''^•'i"«-  rate  limits,  be  guilty  of  any  crime  or  misdemeanor 
prohibited  by  the  laws  of  Alabama,  and  not  expressly 
provided  for  in  this  Code,  shall  u])on  conviction  be 
fined  not  exceeding  fifty  dollars,  and  imprisoned  not 
exceeding  sixty  days,  one  or  both  at  the  discretion  of 
,   the  officer  before  whom  the  ofteiider  may  be  tried. 
Punishm'kt     Sec.  277.  Any  person  who  shall  fail  to  perform  any 
InVdtf  law  duty  or  other  thing  required  by  city  laws,  or  shall  be 
guilty  of  any  delinquency  prohibited  by  city  laws  or 
ordinances,  shall  on  conviction  be  fined  not  exceeding 
fifty  dollars  and  imprisoned  not  exceeding  sixty  days 
one  or  both  at  the  discretion  of  the  ofticer  before 
whom  the  oflender  may  be  tried. 


ARRESTS. 


97 


CHAPTER  VIII. 

CITY   COURT    AUD   ITS    INCIUKNTS. 

AuTRi.ii  1.  Arrests. 

"       2.  Trial  of  Offenders. 

"       n.  Collection  ot    FiiHS  and  Forfeitures 

ARTICLE  1. 

AliliKSTS. 

Sec.  278.  It  shall  be  the  duty  of  Iho  JSLiyor,  Mar- M;'yo.;i"^r^ 
slial  aiul  City   Police,  to  caii^^e  the  iimnediatc  aiTcst|;;;^^;^'»^;^^ 
of  all  persons  who  may,  in  their  presence,  or   ^vithin  ^:j;^i|^off«;y^^_- 
thelr  knowledge,  l)e   <,nulty   of  violation  of  the  laws^^';;'.;!);'^;;;-'^ 
and  ordinances  of  the  city  ;  and  for  this  ])urpo,se  they ''^  '■"'• 
may  re(|nire  any  of  the  hystandcrs  to  arrest  the  olfen- 
der  and  keep  him  mitil  relieved   hy  the  Marshal,  or 
Police,  or  lodged  in  prison. 

Skc.  270.  Any  person  refusing  to  assist  in  the  arrest  f,{j,'in"gto'(w- 
uf  an  offender,  when  rcfjuircd  as  set  forth  in  the  pre- oX  ^ ""'  '' 
ceding  section,  must,  on  conviction,  he  lined  not  ex- 
ceeding twcntj-Hvc  dollars. 

Sec  280.  Upon  comjdaint  under  oath  being  niade,^^snc'on'' 
to  the  Mayor,  or  a  Conncilman,  that  a  person  has  vio- Jjeing made. 
lated  any  of  the  city  laws  or  ordinances,  the  ollicer 
Iteforc  whom  the  complaint  is  made,  must  issue  to  the 
Marshal  a  warrant  for  the  arrest  of  the  accused  per- 
son, ordering  him  to  bring  the  accnsed  before  the 
Mayor  or  a  Councilnum,  at  a  time  and  place  set  forth 
in  the  warrant. 

Sec.  281.  The  Marshal  or  other  officer  arresting  any  Marshal 

"        ■■    may  talie 

person,  mav  take  from  such  pei-son,  where  the  alleu'ed '"\"d  or  im 

i  '  .•  I  '  «^  prison  tlio 

oft'ence  is  a  misdeineanoi",  a  bond,  for  not  less  than  one  of^nder. 
hundred  nor  more  than  two  hundred  dollars,  with  at 
least  two  ap})roved  sureties,  conditioned  for  his  a])pcar- 
anceat  the  appointed  time  and  place  (or  trial,  and  from 
time  to  time  thereafter  till  the  case  is  disposed  of,  and 
for  the  payment  of  such  lines  and  costs  as  may  be  im- 


98  TEIAL  OF  OFFENDERS. 

posed  upon  the  prisoner,  for  the  alleged  offence,  and 
thereupon  may  release  his  prisoner.  In  case  such  bond 
is  not  given,  tlie  alleged  offender  must  be  imprisoned 
till  the  case  can  be  tried. 


ARTICLE    2. 

TRIAL    OF    OFFENDERS. 

Mayor  must     Sec.  282.  It  sliall  be  the  duty  of  the  Mayor,  or  in 

hold  Court    ■,  .        ■,  -, .  -,,.,         ,  ^  ,-   .i       /-<  i 

every  morn- nis  auseuce  or  aisciualilication,  01  one  01  theUouncil- 
men  to  attend  at  the  Council  Chamber  every  morn- 
ing, except  Sundays,  from  the  1st  of  April  to  the  1st 
of  October,  at  8  a.  m,,  and  from  the  1st  of  October 
to  the  1st  of  April  at  9-^- a.  m.,  at  which  time  ]ie  shall  re- 
ceive and  hear  all  complaints  and  try  all  offenders 
against  the  laws  and  ordinances  of  the  city.  But  the 
Mayor  or  Councilmen  may  sit  at  any  time,  in  order 
to  try  offenders. 

Clerk  and        Sec.  283.     It  sluill  be  the   duty  of  the  Citv  Clerk 

Marshal  ,  "  " 

must  attend  to  attend  at  the  same  time  and  place,  and  to  make 
Court.  ,.,,..  ^  ,        , 

record  ot  the   decisions,  and  perform  such  other  du- 
ties as  may  be  required  of  him.     And  it  shall  also  be 
the  duty  of  the  Marsluil  to  attend  at  the  same  time 
and  place. 
Marsh*.  Sec.  284.  The  Marshal  or  any  other  Police  Officer, 

monwit-     sliall  summou  all  witnesses  whose  attendance  is  re- 
quired, atany  trial  before  the  Mayor  or  a  Councilman. 
Defaulting       Sec.  285.  Any  witucss,  wlio,  witliout  Sufficient  cx- 
puni^lTe^d.    cuse,  shall  fail  to  attend  at  the  time  and  pla,ce,  in  ac- 
cordance with  his  summons,  shall  be  fined  ten  dol- 
lars, and  on  failure  to  ])ay  the  tine  shall  be  imprisoned 
not  exceeding  ten  days  ;  and   any  witness   who  shall 
refuse  to  answer  proper  questions,  shall  be  lined  not 
exceeding  twenty-ffve  dollars,  and  must  be  imprisoned 
not  exceeding  thirty  days,  until  he  is  willing  to  testify. 
Punishm'nt      Sec.  286.  Evcry  person   tried  and  convicted  of  a 
o  K>  en  ^"y^Qiation  of  tlie  city  laws  or  ordinances,  must  be  pun- 
ished in  accordance  with  the  law  violated  ;  and  when 


COLLECTION  OF  FINES  AND  FORFEITURES.  99 

the  law  does  not  prescribe  the  punisliment,  the  offen- 
der mnst,  upon  conviction,  be  fined  not  exceeding 
fifty  dollars,  and  imprisoned  not  exceeding  sixty 
days ;  one  or  both  at  the  discretion  of  the  officer  try- 
ing the  case,  and  mnst  also  be  taxed  with  the  cost  of  ^°^^' 
the  prosecution  and  trial ;  and  if  tried  on  the  com- 
plaint of  another  and  acquitted,  the  costs  must  all  be 
taxed  against  and  collected  from  the  person  com- 
plaining. 


ARTICLE  3. 

COLLECTION    OP   FIXES    AND    FOKFEITUKES. 

Sec.  2S7.  It  shall  be  the  duty   of  the  Marshal  to  >rnrsii.ii  to 
collect  all  fines,  forfeitures   and  costs  which  may  bc'tp, and  ro- 

'  "     ^        t;im  possos- 

assessed  by  the  Mayor  or  a  Councilman,  or  by  the  City  ^^^]^l.l^^\ 
Council;    and  for  this  purpose  must  retain  posses- ;|^'^_^ '^^^p-.'^*;]' 
sion  of  the  peinson  against  whom  the  same  may  be  as- ^;^y^''* '*"*=''• 
sessed,  and  imprison  him  not  exceeding  sixty  days, 
till  the  same  are  paid ;  and  in  case  such  person  should 
escape  through  the  negligence  of  the  Marshal  or  oth- 
er officer  in  charge,  the  said   officer,  upon  conviction 
by  the  Council,  must  forfeit  the  amount  of  such  fine 
or  forfeiture  and  costs. 

Sec.  288.  AVhenever  fines,  forfeitures  or  costs  arc  p7>>'i'^" 

'  for  Uwn^. 

not  otherwise  collected,  the  Clerk  may  issue  an  execu- 
tion f  jr  the  amount  of  the  same,  and  place  the  same 
in  the  Marshal's  hands  for  collection,  and  it  may  1)0 
levied  on  any  property  of  the  defendant,  real  c»r  per- 
sonal. 
Sec.  289.  In  case  an  execution,  issued  in    accord- ah^s ami 

•  i      1  1.  .  .  "./Ill       pliirien  I'Xt;- 

ancc  With  the  preceding  section,  is  not  sati6iio<l,  tlie  <:vHions. 
Clerk  may  proceed  to  issue  tiHas  and  jTluiics  execu- 
tions and  if  necessary  a  capias  ad  satit^fucicualum 
may  issue  against  the  defendant,  and  he  be  inipris<uied 
till  discharged  in  accordance  Avith  the  laws  of  the 
State,  in  such  cases  made  and  provided. 
.  Sec.  290.  Wliere  personal  property  is  levied    .n 


100  COLLECTION  OF  FINES  AND  FORFEITUKEB, 

Sales  under  udcrexecutioiis  issued  in  accordance  with  the    two 

execution.  .  ,  >        i  i     n 

preceding  sections,  the  time  and  place  ot  sale   shall 
l)c  advertised  ten  days  in  some  newspaper,  publislicd 
in  Selma,  and  where  real  estate  is  levied   on,    the 
same  must  be  advertised  for  thirty  days  ;  and  sucli 
sales  shall  be  conducted  in  all  respects  (except  where 
changed  by  city  laws  or  ordinances)  as  sales  are  con- 
ducted by  Sheriffs  and  Constables,  under  the  laws  of 
the  State  of  Alabama, 
hK^^topay'^"     ^^^-  ^^1-  When  any  person  is  fined,  and  is  unable 
to  wori^'on'  to  pay  the  fine,  it  shall  be  lawful  for  the  Mayor  or 
the  streets.  Couiicilman  trying  tlie  case,  to  cause  him  to  M^ork  out 
by  labor  on  the  streets,  the  amount .  of  the  fine  and 
costs,  at  the  rate  of  one  dollar  per  day,  for  white  men, 
and  seventy-five  cents  per  day  for  negroes. 


INDEX. 


ACCOITNTS.  PAGE. 

The  City  Clerk  shall  keep  ac- 
count of  all  moneys  received 
by  him  and  paid  out,  "8 

Of  all  warrants  issued,  the  date, 
number  and  amount  of,  " 

Treasurer  shall  keep  an  account 
of  all  moneys  received  or  paid 
out  by  him,  39 

Ilosjiital  committee  shall  report 
amount  of  receipts  and  expen- 
ditures monthly,  75 

Sexton  shall  keep  an  account  of 
burials,  82 

ABUSIVE  LANGUAGE. 

Evidence  of,  admissible  in  pros- 
ecutions  for  assaults  and  af- 
frays, 91 
ADVERTISEMENTS. 

Mayor  shall  give  notice  by  ad- 
vertisement to  all  persons  in- 
terested in  valuation  of  Real 
Estate,  45 

City  Clerk  shall  advertise  time 
of  filing  amount  of  Personal 
Property,  47 

Shall  advertise  property  before 
sale  for  taxes,  50 

Real  Estate  advertised  for  sale,    61 

Marshal  shall  advertise  hogs, 
goats,  cattle,  imi)nunded,  C6 

Marshal  shall  advertise  sale  of 
jiropcrty  to  pay  fines  and  for- 
feitures, 100 
AFFRAYS. 

Persons  guilty  of  an  aliVay  with- 
out a  stick  or  ■weajwn,  91 

Persons  guilty  of  an  aflray  with 
a  stick  or  other  weapon,  91 

Persons  guilty  of  an  affray  with 
fire-arms  or  other  deadly 
wc■'apoll^•,  *  91 

Abubiv'^  language  may  jnslify 
an  atl'ray  or  assault  and  bat- 
tery, 91 
ALLEY. 

Sec  Streets. 

ANIMALS. 

Hitching  horse  to  tree  on  tho 
street^,  ])rohibited,  96 

Any  ))crson  leaving  horse,  mnlo 
or  Kteor  attached  to  any  veh- 
icle on  the  street.-,  fined,  64 

Any  horse,  mure,  gelding,  mule, 
jack  or  jenny  running  at  largo 
in  any  .street,  tali'Mi  up,  fi<> 


Marshal  shall  take  up  hogs  run- 
ning at  large,  dfi  123 
Anv  person  owning  a  dog  shall 
20     register,                                         6G  125 
Dogs  running  at  large  without 

collar,  fi7  I'-fi 

Goat  running  at  large,  07  127 

Cattle    "      ^        "  67  128 

26  APPROPRIATIONS. 

CityClerk  shall  keep  account  of,  ;^S    2(1 
Appropriations  exceeding  fifty 
169     dollars  cannot  be  made  at  a 

called  meeting,  "7    17 

197  Appropriation  to  fire  companies,  sc,  217 
ARRESTS. 
It  is|the  duty  of  the  Mayor,  Mar- 
shal and  City  Police  to  arrest 
245     offenders,  97  27S 

May  take  bond  when  the  ofTence 

is  a  misdemeanor,  1)7  28  L 

Any  person  refusing  to  assist  in 
an  arrest,  fined,  97  279 

44  Mayor  or  Councilman  may  issue 

warrant  of  arrest,  97  28U 

Persons  arrested  may  be  impris- 
49     oned,  97  278 

Arrests  made  of  disorderly  or 
58     suspicious  j)ersons,  68  131 

aolResistilig  an  officer,  08  131 

Arrests  made  of  slaves  how  dis- 
124      posed  of.  70  Ml 

ARTESIAN  WELLS. 
Owners ofrequired  to  drain  same,  91  2ir. 
290  Owners  of  wells  neglecting  or  re- 
fusing to  keep  water  drain'doff,  92  2-17 
ASSAULT  AND  B.\TTEliY. 
2.39  Any  person  committing  nn  as- 
sault.and  battervhow])uniph'd,»l  242 
210  Any  person  assaulting   with   a 

stick  how  jmnished,  91  243 

Assault  with  fire-arms  or  other 
241      deadly  weapon  how  jiunishcd,  91  211 
OfTences  not  provitlcd  for  in  the 
code  how  punished,  9(1  27(i. 

245  ASSESSMENT  OF  TAXES. 

When  and  by  whom  made,  15    43 

tVssessors  shall  make  out  a  list  or 
schedule  of  all  lots  or  parcel.?  of 
land,  45    43 

273  Shall  assess  the  value  of  every 
I     lot  or   parcel  of  land  on  tho 

iBtofMnj,  45     43 

IHiWhen  schedule  is  complete  shall 
I     be  filed  wiih  clerk, 
(All  persons  shall  bo  notified  o: 
122'    asBcs.-mont  by  publication, 


102 


INDEX. 


Owners  allowed  opportunity  of 
filing  objections  to  assessment, 

Council  may  correct  assessment, 

City  Council  on  a  day  named  in 
advertisemcntsliail  deternine 
objections. 

Scale  of  assessments  must  be 
Ofiiial, 

City  Clerk  is  required  to  keep  a 
minute  of  all  oljjections, 

Mayor  and  Clerk  of  the  city  shall 
tcrtiiy  nndcr  seal  assessments, 

The  C!ity  Clerk  is  e.roj^'cio  asses- 
sor of  personal  property, 

Mast  advertise  time  of  handing 
in  schedule  of  personal  pro- 
perty, 

Must  furnish  blank  lists  or  sched- 
ules when  called  for. 

How  to  proceed  when  schedule 
not  rendered, 

Clerk's  fee  when  he  assesses, 

licmedy  when  listof  proj^ertyis 
refused. 

Return  of  assessment  by  Clerk 
to  Council,  and  proceeding 
thereon. 

Time  A\'hen  assassment  shall  be 
completed. 

Mayor  must  report  revenue  re- 
quired and  action  thereon, 

Rate  of  taxation  how  asccrtain'd, 

City  Clerk  shall  make  statement 
of  the  entire  taxes  due. 

Then  assessment  shall  have  force 
of  judgment, 

Time  when  half  of  taxes  are  duo 
shall  be  avertised, 

Alanner  of  doing  same. 

Penalty  for  refusing  to  pay  at 
stated  time, 

Remedy  when  not  paid  in  forty 
day.-'. 

IIow  non-residents'  taxes  are 
collected. 

How  executions  are  levied  and 
sales  made, 

IIow  to  jjroceed  when  no  jier- 
sonal  jiroi^ierty  is  found, 

Time  and  manner  of  advertis- 
ing salo, 

Xature  of  certificate  given  to 
purchaser, 

Fisciil  year  in  the  city  of  Selma, 

City  Clerk  authorised  to  admin- 
ister oaths, 

Amount  of  fees  of  city  clerk  en- 
titled when  executions  are 
levied. 

Owners  chargeable  Avith  all  costs, 

AUCTIONEERS. 
Must  obtain  license, 
Auction  tax, 
i^xe.cutors.  Administrators,  Guar- 

<lians  and  others  excepted. 
License  not  transferable. 
License  revocable. 


4G 

44 

46 

44 

46 

45 

40 

4G 

4G 

47 

47 

48 

47 

49 

47 

49 

47 

49 

47 

50 

47 

51 

48     51 


52 


53 


55 


55 


66 


59 


60 


84 


94 


95 
95 


51     63 


51 

64 

52 

64 

56 

78 

5G 

78 

50 

78 

60 

79 

56 

79 

BALANCES. 

Must  conform  to  the  standard 
adopted  by  the  State, 

Weights,  measui'es  and  balan- 
ces, one  set  kept  by  clerk. 

Persons  using  those  not  confor- 
ming, fined, 

Penalty  for  selling  by  false. 

Persons  selling  by  false  marks, 
false  packing,  &c. 

Marshal  must  test  weights  and 
measures  once  a  year. 

Marshal  shall  use  some  brand 
or  device, 

BARBERS. 

Allowed  to  keep  open  shops  on 
Sunday  till  10*,  a.  m. 

BATHING. 
Bathing  in  river  or  streams  be- 
tween sunrise  and  sunset  for- 
bidden. 
Any  person  indecently  expos- 
ing his  person,  punished, 
BEGGARS. 
\Dy  person  bringing  a  beggar 

to  the  city, 
Beggars  taken  before  Mayor, 

BILLIARD  TABLES. 
Keeper  of  billiard  table  must 

pay  license. 
Amount  of  license, 

BOATS. 
Lying  at  wharf,  any  person  who 

disturbs. 
Marshal  has  authority  to  regu- 
late moorings. 
Any  captain  refusing  to  comply 

with  Marshal's  order. 
Boats  not  to  interfere  with  fer- 
ry lo.nding, 

BONDS. 
Bail  bond, 
City  Clerk's  bond, 
Treasurer's     " 
Marshal's       " 
City  Attorney's  bond, 
"     Printer's        " 
"    Physician's    " 

BUILDERS. 
May  occupv  J  of  street, 
CABS. 
Owner  of  must  obtain  license, 
Must  have  the  number  painted 

in  figures. 
Charges  of  hacks  limited. 
Must  keep  the  law  in  hacks  pos- 
ted up. 
Allowed  double  rates  after  10  p.m.  55 

CAMPS. 
Not  allowed  in  the  city, 
CARTS. 
Shall  be  licensed, 
Number  of  license  attached  to, 
Tariff  of  charges. 
Driver  shall  not  refuse  to  carry 

a  load, 
What  is  a  load, 


57 

86 

57 

86 

57 

87 

58 

88 

58 

89 

58 

90 

58 

90 

96  271 


206 

265 


267 
286 


52 
52 


83 


83 


201 
202 
203 
204 

281 
19 
25 
28 
35 
38 

171 

120 
65 
73 


73 
72 


92  248 


INDEX. 


103 


(VI 


S2 


S2 


52 


41 
41 
42 
42 

."7 


CATTLE. 

Shall  not  run  at  large  iu  streets,  C7 
CELLAR  DOORS. 

Above  sidewalk  proliibitcJ, 
CEMETERY. 

All  corpses  must  be  buried  iu  the 
New  grave  yard, 

It  is  not  lawful  for  a  negro  to  be 
buried  iu  Old  grave  yard, 
CIGARS. 

l!ctailers  of  mtist  obtain  license, 

JIow  much  paid  for  license, 
CITY  ATTORNEY. 

How  elected, 

His  duties, 

"    salary, 

"    bond, 

CITY  CLERK. 

How  elected. 

Shall  give  bond. 

Shall  keep  his  office  in  the  city 
building, 

Shall  attend   meeting  of  city 
council, 

Shall  keep  minutes, 

Sliall  kcc]i  a  book  for  all  laws 
and  ordinances, 

-  iiall  keep  account  of  all  mon- 
ies received  and  disbursed, 

ishall  make  entries  of  all  apju-o- 
priatious, 

llis  salary, 

City  clerk  shall  collect  taxes, 

Is  accountalile  for  taxes, 

Compensati'n  fur  oollecti'g  taxes,  .S8 

Shall  pay  over, 

^hall   report  all  projierty  not 
included  in  a.ssessment. 

Clerk  is  c.r  officio  assessor  of  per- 
sonal projierty, 

Rliall  receive  fees   allowed  by 

Stax  laws, 
alary  as  assessor. 

Fees  of  clerk. 

Removed  for  neglect  of  duty. 

How  proceeded  with, 

Shall  furnish  managers  of  elec- 
tions with  lists  of  tax-payers. 

Shall  give  notice  of  assessments,  45 

Clerk  shall  make  a  schedule  of 
entire  amoTint  of  taxes,  49 

City  clerk  autliorizcd  to  admin- 
ister an  oath,  ;,i 

'u  what  cases,  .SI 

Shall  grant  licenses,  52 

CITY  COUNCIL. 

Composed  of  Mayor  and  Council- 
men,  r.{ 

Timi'  of  election, 

ilo\v  (•lcc»<'d. 

'>\'h(i  are  uleciors. 

When  Council  shall  meet, 

What  namber  constitutes  a 
nun, 

Who  may  call  a  meetinir, 

What  can  be  done  at  calT'd  moeling,  .17 

IIow  ordinances  become  laws. 


128 

110 

198 
199 

65 
6f) 

:u 
:u 

.".") 
85 

19 


37     19 


34 


3S 

20 

38 

20 

38 

20 

38 

2C 

38 

20 

38 

20 

38 

21 

38 

21 

38 

21 

39 

22 

39 

23 

39 

24 

30 

24 

39 

21 

41 

41 

43 

39 

43 

40 

41 


.■;4 

."4 

( 

.■?.', 

7 

••17 

1< 

"I 

l> 

."7 

]7 

.17 

17 

37 

1.- 

CITY  COURTS. 

Mayor  must  hold  court  every  ntj'u- 
ninji, 

Clerk  and  Marshal  mn.st  attend, 
CITY  PHYSICIAN. 

When  elected, 

Bond  of, 

Duty  to  visit  Ho.snital, 

Shall  re]H)rt  number  of  patients. 

His  dutv  iu  case'of  small-pox, 
CITY  PRINTER. 

His  election  and  pay, 

"     dutio;*, 

"    bond, 

COCK  FIGHTING. 

Prohibited, 

All  jiersons  assembling  for  such 
purposes  how  punished. 

Slaves  and  free  persons, 

CONCERTS. 

Must  be  licensed. 

For  charitable  purposes  excepted, 
CONDUCT— DISORDERLY 

Persons  usmg  profane  or  indecent 
language. 

In  ])ul)lic  house, 

.\ny  ]>ersi>n  disturbing  religious 
assembly, 

.\ny  person  found  drunk  on  sti'ccts, 

.\ny  person  dc*"acing  any  building. 

Injuring  a  church. 

Keeping  disorderly  house, 

Wliat  a  disorderly  house, 

Any  jjcrson  renting  a  house  foi 
such  purpose, 

CEMETERY. 

Sexton  keep  map  of, 

When  lawful  to  oury  in  old  grave 
yard,  and  who  allowed, 

Pepth  of  graves, 

Charges  allowed  sexton. 

No  person  allowed  to  burj'  any 
dead  body  without  notice  to  sex 
ton, 

Inj\uy  to  tombs,  fences,  trees,  flow- 
ers, shrubbery, 

Sexton  shall  keep  a  book  record  of 
age,  birth-place  and  cause  o1" 
death,  and  jjreciso  place  of  burial. 

Physicians  shall  report  to  city 
clerk,  deaths. 

Clerk  shall  keep  a  record  of  same, 
CUEATINtJ. 

Persons  cheating  puuislu-d. 

Persons  using  false  weights  and 
measnrrs  pimished, 

Per.«oiis  set  ling  bv  false  mark  or 
fidse  packed  sugar,  Ac. 

CHIMNEY.''. 

No  person  allowed  to  hum  chim- 
ney at  a  certain  time, 

('himncys  and  st<jvc-pipe.s  danger- 
ous abated  as  nuisai)CP.s, 

Duty  of  Marshal  to  enter  upon  and 
insjicct, 

(  HURCHES. 

Not  to  be  defncd, 

Di.'^tiirbing  religious  o.^Rcmblr  pro- 
hibited, 

CIRCUS. 

Owner  of,  muft  obtain  liccn.se. 


'.'S  2S'2 
98  2S5 

76  171 
7(J  171 

re.  i7'i 

7c.  17". 
70  17;> 

42   ar. 

'-.'i    ,")7 
42    S8, 

92  219 

93  2-l'.> 
9a  249) 

■i 

r.3  m 

53    68 


1)3  o.vj 
93  25;J 

93  9.'>4 

93  2.5", 
92  250 
92  251 

94  2rtl 
94  2()2 

94  263 

81  19-1: 

S2  198 

82  19.'> 
sii  I'.C, 

MJ    i'.llv 

85  200 

s2  r.'7 


M 
81 

T."2 
19.i 

.'S 

S9 

5."> 

H8 

r>s 

■  ■! 

89 

'_'■; ; 

89 

2:;4 

9<> 

'2rA 

92 

2.M 

93 

254 

r,2 

f.r, 

10-1 


INDEX. 


^\  mount  of  license,  "^k.      »' 

DAGUERUIAN  ARTIST^ 

Jifust  procure  license, 

Aniouul  of  license, 

DAY-LABORERS. 

Slii'.Il  obtain  license, 

It  is  not  lawful  for  any  sUivc  u 
hire  liis  own  time,     , 

City  clerk  may  license  0.  slave  to 
work  in  the  city  as  aday  labor'r. 

Can  license  seamstress  or  :^\'!iSber- 
womau, 

No  license  issued  unless  owner  be 
a  resident  of  Selnia, 

Ko  tree  ne!j;ro  residing  Giit  pf  Sel- 
nia allowed  to  vrork  therein  with- 
out license, 

DEATRS- 
Must  be  reported  bv  physicians, 
DKFINlTlON 

Of  words  used  in  the  code,  pages 
DEFACING      , 

Of  public  biuldinirs  ]H-ohibited,  02  2 
"DIRT 

JIust  not  be  cut  or  carric-d  from 
any  street  or  IhoroiEjlifare, 

Xo  person  shall  cut  dirt  from  bank 
of  the  i-iver. 

Hauling  dirt  and  depositing  in 
sirecTs  prohibited, 

Not  allowed  to  throw  sweepings 
on  streets, 

M'lien  allowed  to  throw  dirt  or 
swtepini^s  on  streets, 

DISEASE. 

Board  of  health  to  examine  all 
cause.<  of  di.-^ease, 

IIow  nuisances  as  cause  of  disease 
abated, 

Not  lawful  for  steamboats  or  rail- 
road to  bring  contagcous  or  in- 
fections disease, 

Not  lawful  to  dig  hole  in  street, 

Not  lawful  to  throw  tilth  on  §anie, 

IIow  nrivies  shall  be  kept. 

Not  lawfitl  to  establish  tan'  yard. 

Small  pox,  how  treiitod. 

Duties  and  powers  of  Board  of 
Health, 

DISORDETUA'  CONDUCT. 

Defacing  any  building  iielonging 
to  city. 

Injuring  any  clinrf^':, 

Cursinu,  swearing. 

Keepers  of  public  houses  punish- 
ed tor  allowing  disorderly  con 
duct  on- their  premises, 

Distua-bing  religions  or  other  as-  ■ 
sembly, 

Dnnikenncps  on  .streets, 

Disorderly  bnu.se  or  ill  (;-:     . 

Disorderly  women, 

Renting  hon.se  tor  disoid, 
pose, 

Indecently  exposin-j'  per.son. 

Injuring  public oi-  priyateproperty, 

I/iiborijig  on  Sunday, 

Shooting,  huuiing, 'racing on  sun 
day. 

General  jirovision.s,  '. 

Riding  or  driving  at  au  iuordia- * 
ate  gait, 


.'ii.  ftiil  Injuring  shade  tree,  Ot;  273 

';  y  Hitching  horse  to  shade  tree,  J)t>  273 

.''>-£MlGa:ning  with  minors,  03  2o9 

'■2-TRQhniiing  in  corporation,  [)0  2Sli 

DOGS. 

'IS  of  dogs  must  render  list  of,  00  125 

ii'^  •  registered,  60  125 

7i  ro4  Must  procure  collar,  00  125 

Dogs  not  allowed  to  rnn  at  Irrge,  67  120 

73  155  Marshal's  fee  for  killing  dogs  and 

conveying  same  out  of  the  city,  C7  120 

73  155  '  DRAYS. 

Must  be  licensed,  52    65 

73,155  License  fee,  53    60 

Drays  numbered,  54  ■  70 

U^hat  is  aload,  54    71 

74  163  Over  charges  forbidden,  54    71 

Penalty  for  refusing  load,  54    71 
81  192  License  not  transferable  except  by 

consent  of  council,  50    70 

33&  34  Not  allowed  lo  drive  immoderateiy,  00  121 

Stopping  at  crossing's  forbidden,  04  113 
50&251             ,."     •        DRIVING. 

Fast  driving  prohipited,  CO  121 
DRUNKENNESS, 

«4  2ii5  Forbidden,  03  255 

ELECTION. 

■^'4  2(1.' Of  Mayor  and  councilmen,  -4      5 

Ajppointment  of  inspectors,  clerk 

05  lis      and  returning  ofiicer,  ■'■I       ('■ 

Their  oath,  34      0 

05  116  Time  of  opening  and  closing  polls,  35      0 

Votes  counted  out  and  certified  to 

i>'>  117      council,  35      S 

How  contested,  35  O&lo 

Council  to  declare  result  of  election,  35  11 
78  1S2  ELECTORS. 

Their  (|ualili'Mii<ms,  35      7 
78  182  Clerk  to  furnish  list  qualifi'd  vot'rs,  35      7 

Illegal  voters  punished,  36    12 
ENGINEERS. 

70  185  Chief  and  assistants,  85  209 

80  180  Vacancy  of  chief.  85  210 

80  188  Vacancy  of  1st  or  2nd,  85  211 
70  ISO  Who  allowed  to  vote  at  election  of 

SI)  I'.iO     1st  or  2nd  assistants,  85  212 

70  17.3' Who  has  control  at  fires,  85  213 

Chief  engineer  iiispccts  engines,  80  214 

7>-  ] '^2  Chief  engineer'.?  report,  86  215 

l']ni;ineors  have  trumpets,  80  210 

jA])propriaii()ns  to  tire  company,  86  217 

02  250J\Vlien  appropriation  made,  80  217 

'.'2  251  Report  of  condition  of  company,  80  218 

02  252  Engineers   authority   to   distroy 

building,  •  87  219 

!  IIow  lines' are  collected,  87  220 

03  2."3JCompanies  recpiired  to  keep  in  or- 

der engines,  87  221 
'  'A  ■:'.".  tlOJliccrs  and  members  of  lire  com- 
pany exempt  from  what  duties,  87  222 
Duty  of  foremen  of  company,  87  223 
:i,-                        EFIDEMICS. 

ISmall  pox,  70  173 
,  ;  'j«  :;;l)nty  of  Boardof  Health,  incase 

04  205     of  epidemics,  78  182 
'Ji  2'iii|Por.sons  bringing  infections  disea- 
•,i5'2<'.;i     ses  to  city,      "  70  1^5 

■      EVIDENCE. 

05  270  Marsha!    or  police  ofiicer  must 
OC  270i     summon  witnesses. 

Witnesses    refusing  attendance, 
e>e,  121I  '  punished, 


Oo  2-1 
1)8  285 


INDEX. 


lOi 


")S  8S.- 


W  121 


Evidence  in  prosecutions  for  tra- 

(linjj  with  slaves,  72 

Evidence  of  abusive  language  ad- 
missible in  i)rosccutions  foi-  as- 
saults and  all'ravs,  'Jl 
EXECUTIONS. 
jMay  issue  for  collection  of  taxes,       50 
Maybe  levied  on  person'l  property,  50 
May  issue  against  real  estate,  50 
May  issue  for  collection  of  fines 

and  forfeitures,  '.'It 

Alias  and  plures  executions,  W 

EXPENDITURES. 
Cit\'  clerk  shall  keoii  account  of, 

EXTENSIONS. 
No  person  allowed  to  alter  or  ex- 
tend street. 
How  streets  are  extended. 
How  objections  to  opening  streets 

are  heard  and  settled. 
How  damages  are  assessed, 

I^ALSE  MEASURES. 
Using  false  measures  &c.. 
Falifie  mark, 

JIarshal    shall    insjiect  weiii'i'   , 
measures,  &c., 

FAllE. 
Ilacknien,  drays  and  carriages, 
Taiilf  of  charges. 
Hacks,   carriages  and  cabs  must 
have  rate  of  charges  cdnspiciious. 
FAST  l)liIVINi;. 
Forbidden, 

FEES. 
To  the  Miiyor,  44 

To  a  councilman  for  trying  a  case,  41 
To  the  city  clerk,  44 

To  the  marshal,  44 

City  not  liable  for  fees,  44 

FIGHTING. 
Alfrays,  '.•! 

Assault  and  batterv,  'Jl 

FILTH. 
Not  to  be  thrown  in  streets,  ('lo 

What  days  deijosited  in  streets,  (i5 
Not  lawful  to  deposit  dirt  on  streets,  05 
Shall  not  obstruct  sewers  or  gutters,  (Jo 

FINES. 
How  collected,  li'.l 

I'.xocutions  for  iines,  'M 

Sales  under  execution,  'jy 

Persons  failing  to  pay  required  to 

work  on  streets. 
Free  negroes  failing  to   pay   fines 
how  punished,  75 

FIRES. 
Fire  Department,  s4 

Or-jranization  of  fire  comjianics,  f^o 
Chief  engineer  and  assistants,  8.'> 

Vacancy  how  filled,  !S5 

First  and  second  assistants  when 

vacant  how  lillf(l,  s."> 

(jualilication  of  voters,  ■■•'> 

I'ower  of  engineers,  \      '-^5 

Chief  engineer  must  examine  en- 
gines, SO 
Chief  engineer  must  report  condi- 
tion of  de|)artment,                          -'! 
Trumpet  of  engineers, 
Appmpriations  to    Fire   Dejinrt- 
nient, 


15.' 

245 

"57 
5s 
6-J 

'.t'.i  2!^S 
W  2S'.i 

3S    '20 


51) 

•M 

(iO 

\i; 

no 

\u 

GO 

'.•>■ 

100 


41 
41 
41 
41 

4)i 

24'' 
24'J 

lie, 
117 
11^ 

11'.) 

2.S7 
2s',i 
'2111 
165 
207 


Must  furnish  council  statement  of 
condition,  8(3  21S 

Engineer  authorized  to  tear  down 

houses,  '87 

Fines  imposed,  87 

.Must  take  care  of  apparatus,  87 

Odicerg  itnd  members  exempt  from 

workinij;  streets,  87 

Duty  ot   iireman  ou  an  alarm,  87 

Penalty  for  removing  engines  and 

aiiparatus,  "       "  87 

Fire  limits,  88 

Persons  erecting  wooden  build- 
ings within  lire  limits  forbidden,  [88 
No  person  allowed  to  remove  wood 

on  buildings  within  fire  limits,     88 
Duty  at  lire,    "  88 

Refusing  to  assist  at  lire,  89 

Duty  of  city  marshal  win  u  r.'nnn 

is'given,"  89 

Duly  of  niinshal  and  ,  89 

Ciiimneys  not  to  be  bumi  vm  ex- 
cept at  certain  time,  .89 
Stoves,  chimneys  ic.  abated  as 

nuisances,    <•  89 

Smoking  not  allowed  at  certain 

places,  •  00 

Shooting  prohibited,  fxi 

iCceping  ot  powder,  how  regulated,  W 
Marshal  keeps  magazine, 

FIRE-ARMS. 
.Vot  to  be  discharged  within  cm  ,     vu 

frI':e  negroes.  ' 

Found  at  unlawful  assembly  of 

slaves, 
Freo  negroes  must  be  registered. 
Shall  give  bond, 
No  free  negro  shall  go  at  large, 
Coming  from  another  Stiito,^ 
Free  negro  uon  resident  workinp 

in  city. 
Free  negro  convicted  how  punish'd,74 
Free  negro  refusing  to  pay  line, 
.Shall  not  smoke  ou  the  Btrects, 
Shall  not  ])lay  cards, 

GALLl-JilES  AND  VEBANDAHS. 
Must  be  1-,'     '■  ■'  ■  ' -    ■  ' '-,  t;:)  109 

Forhidtieii, 

Exhibiting  g..;iii;:g  luLia', 
.iny  jierson  betting  at  sunic  pun- 
ished, 
P.etting  with  iniii'iv  fnibidiiiMi, 
Playing  at  cards  lor  iiiniicy  torbid'u. 
White  person  i)ret'eiit  when   ne- 
groes are  playing  cards  punish'd,  71  14' 
UOATS. 
Vot  iUlowcd  fn  run  at 
GRAVE 
''      '    "     '::ili  lake  chaij.-   I'i    ,M_-w 


219 
220 
221 

222 
'224 

225 
220 


228 
229 
2-60 

'201 
2-62 

233 

234 

235 
230 

'.^37 

■s)S 


71  14^^ 

7:i  15!) 

74  li!0 

74  ini 

74  102 

741C8 

74  1C.4 

75  105 

71  146 

71  144 

•J3 

250 

93 

257 

i»S 

25S 

9:: 

ii.-)9 

93 

'JOd 

1/1  1 

^■, 

81  lilt 

111  ■ 

.,  -f-,  iYtj  rrnrcs. 

^3  192 

•21: 

Nu  ^ 

dead 

WI. 

S2  190 

'214 

Noti :  .. 

.  .^,   , ,_iave- 

yard. 

S2  198 

21.- 

N'>  no?r'>  fliv 

M  be  hir-icd   in  Old 

106 


INDEX. 


G'GAKD  HOUSE. 
All  iiersoiis  airosted  cou lined  in, 
^larshal  has  c'uarce  of, 

"GUNS. 
Not  to  be  discharged  in  citv, 
GUN  I'OWDER. 
,  hall  be  kept  in  magazine, 
■Juautity  merchant  can  keep  un- 
der Lis  control, 
City  marshal  has  charge  of  mag- 
azine, 

GUTTERS. 
Obstructing  punished, 

UACKS 
Owners  of  must  obtain  license, 
jA'atos  of  hackmen, 
Number  of  hack  painted  in  figures 
llaekmen  must  keep  law  of  same 

exposed  in  view, 
License  not  transferable, 
Not  allowed  to  obstruct  streets, 
Not  allowed  to  leave  standing, 
Xegrsik  not  to  hire  hack. 
Hacks  not  to  carry  negroes, 
Nesrro  found  riding  in  h&ck  whip- 
ped. 
llackniBP  shall  not  race, 

HAWKING  AND  PEDDLIN 
Persons  hawking  goods  about  the 

streets  must  obtam  license, 
How  much  paid  for  /icense. 
No  person  allowed  to  sell  in  mar- 
ket house, 

HAWLING. 
Price  for, 

HEALTH. 
A  board  of  health  established, 
City  divided  into  two  wards. 
How  board  is  organized, 
Duty  of  board  of  health, 
Duty  to  examine  premises, 
AVhen  board  shall  meet, 
I'rivies  regulated. 
Filth  emptied  in  streets, 
1  its  or  holes  dug  in  streets, 
i  an  yard  ncil.  allowed, 
^'orsous  ott'ending  agaipst  above 
provisions, 

HIIIB. 
Slave  not  allovred  to  hire  his  time 
Owner  of  slave  hiring  time  lined. 
City  clerk  grant  license, 
Liv'ery  stable  keepers  not  to  hire 
to  slaves, 

HOGS. 
Xipnning  at  large, 
"When  not  allowed, 
How  di.si>osed  of 
redeemed  how, 

HOOK  AND  LADDER, 
Company, 
Appropriations  to, 
Duty  of. 
Exemption  from  street  work, 

HORSES. 
l?unuing  at  large, 
liitcliing  ty  shade  tree, 
Not  to  be  driven  or  ridden  fast, 

HOSPITAL. 
What  building. 
Committee  controls. 


07 

27S 

C'J  13b 

90 

23G 

yo 

257 

90 

237 

00 

28S 

6j 

11', 

S2 

fi,-) 

54 

72 

55 

73 

55 

73 

5« 

79 

Hi   118 

G4  114 

7o 

156 

7'<j 

157 

7--) 

15S 

(30 

121 

75  170 

76  171 

76  171 

70  172 

70  17S 

76  173 

76  174 

76  175 

77  170 

77  177 

78  178 

52  05 

r.2  00 

88  220 


G. 


57    SS 
5-1    71 


91  204 
94  205 

84  2O0 


78  179 

78 

180 

7S 

181 

78 

1S2 

78 

183 

79 

184 

79 

186 

so 

188 

so 

189 

8U 

190 

SO 

19] 

72 

154 

73 

154 

73 

155 

73 

150 

t;o 

12^ 

00 

123 

■i'i 

124 

00 

124 

85 

2(l> 

GO 

12i. 

90 

27',' 

00 

121 

75 

107 

7o 

IGt 

Duty  of  committee,  75  169 

Their  application  for  money  must 

slate  object  of  expenditure. 
Physician  and  Surgeon, 
When  elected. 
His  duty. 

He  shall  report  quarterly, 
When  cases  of  small  pox  occur, 
Steward  of  hospital. 
His  duties. 
Pauper  patient. 
How  pauper  patient  admitted, 
Pauper  patients  required  to  work 

out  their  board  bill, 

HOTEL, 
Must  be  licensed. 
How  much  paid  for  license, 

HOUSES. 
Wooden  shall  not  be  built  in  lire 

Limits, 

How  stone  and  brick  to  be  covered,  ss  227 
No  person  allowed  to   remove 

wooden  buildings  within   fire 

limits,  8S  228 

Injuries  to  buildiuns.  92  250&251. 

HOUSES  OF  ILL-FAME. 
Forbidden,  94  261 

What  is  house  of  ill-fome,  94  262 

Renting  for  snch  purpose,  94  263 

IDLERS  AND  VAGRANTS. 
How  dealt  with,  95  268 

INDECENT  CONDUCT. 
Using  river  bluff  as  privy, 
Exposure  of  person  forbidden, 
Bathing, 

LAND. 
How  taxed, 
Scale  of  valuation, 

LEASES. 
Of  market  stalls, 
Duty  of  lessees, 

LECTURES. 
Licensed, 

Religious  or  charitable  object  not 
taxed, 

LICENSES. 
Persons  required  to  take  out, 
.•Vmounts  to  bo  paid  for  license. 
When  license  expire, 
Penalties  for  not  taking  out, 
Exception  to  license  law, 
.\ot  transferable, 

FIRE  LIMITS 
Fire  Limits, 

LIQUORS. 
Retailers  of,  licensed. 
Amount  of  License, 
Who  is  a  retailer, 
Who  issues  license  and  to  whom. 
Gambling  lorbidden, 
iVegroe.s  not  allowed  to  act  as  clerk, 
Xoc  to  sell  to  nearoef,      \ 
Must  not  wive  to  slaves. 
What  evidence  necessary. 
General  provisious, 

LISTS. 
The  clerk  shall  prepare  a  list  of 

voters, 

1,1  VERY  STABLES. 
Must  not  hire  to  negroes. 
Penalty  for  suffering  negroes  to 


56 


43 
40 

SO 

85 

05 

OS 

05 
00 
07 
09 
OS 


52 

05 

iti 

00 

55 

74 

55 

.75 

55 

70 

55 

76 

72 

151 

72 

152 

72 

153 

90 

270 

35 

7 

73 

150 

INDEX. 


107 


ride  in  hacks, 
How  negro  is  punished, 
LOAD. 
Of  dray,  cart,  &.C., 

LOTTERY  TICKETS. 
Vendors  nuistp»ocure  license. 
Amount  of  license, 

MAGAZINE—POWDER 
PovTder  kept  in, 
City  marshal  has  charge  of, 

MALICIOUS  MISCHIEF. 
Punished, 

MAPS. 
Of  grave  yard,  kept  bv  sexton, 

MARKET. 
Regulations, 
Persons  renting  more  than  arc 

necessary. 
Market  hours. 
No  person  to  sell  or  buy,  before 

market  hours, 
Shall  not  buy  to  speculate  on, 
Duty  of  lessees, 

MARSHAL. 
How  elected. 
Salary  of  marshal, 
Oath  'of, 
Bond  of, 

Sh.ill  execute  process, 
Take  charge  of  streets. 
Shall  make  lists  of  patrol, 
Sliall  colled  fines  &c. 
Has  charge  of  police  and  patrol. 
Shall  notify  patrol, 
Has  custocy  of  city  prison, 
Duty  to  keep  ])risoD  cleanj 
Has  charge  of  magazine. 
Must  impound  hogs,  goats  and  cat- 
tle running  at  large, 
^lust  kill  dogs  without  collars. 
Test  weights  and  measures, 
Regulates  lauding  of  boats. 
Aids  at  fires, 
Marshal  must  collect  fines, 

MAYOR. 
How  elected. 

Must  preside  at  all  meetings  of  ci- 
ty cr-uncil, 
His  duty  to  sec  laws  executed, 
Shall  report  misconduct  of  all  offi- 
cers, 
Mayor's  salary. 
Mayor  can  call  meeting, 
Mayor  shall  sign  nil  ordinances 

and  laws. 
Fees  of, 

Mayor  shall  issue  notice  to  real  es- 
tate holders. 
Mayor  to  inform  council  of  amo't 

of  revenue. 
Shall  certify  taxes. 
Mayor  chairman  of  committee  of 

hospital, 
Mayor  chairman  Board  of  health, 
Mayor  a])p(>ints  board, 
JIayor  shall  cause  the  arrest  of  of- 
fenders, 

MEASURES. 
Standard  of, 

I'ersons  using  any  differing  from 
standard,  imnished, 


73  157iPersons  using  false  measures,  58    88 

73  158  Marshal  shall  test,  58    90 

MORTUARY  REPORTS. 
ri4  71  Physicians  must  make  reports  of 

cleaths,  81  192 

52    G5  Clerk  must  file  reports,  81    193 
5-i    66                          NUISANCE. 

Causes  of  infectious  diseases,  78  182 
90  237  Board  of  health  can  examine  pre- 

90  238     mises,                                           .  79  183 

Filth  on  streets,  80  188 

04  266  Digging  pits  on  streets,  80  189 

Tan  vard  in  city,  80  190 

81  194  Butclier  Pen,  80  190 

OBSTRUCTIONS. 
56    SO  No  person  shall  obstruct  sidewalks,  62  107 
Cellar  door  above  sidewalk,  64  110 
56    81  Steps  on  same,  64  111 
Vehicle  stopped  on  sidewalk,  64  113 
Building  or  fence  on  sidewalk,  65  115 
Ashes  or  dirt  on  siJewalk,  65  116 
Putting  dirt  on  sidewalk,  66  118 
Obsiructing  gutters  and  sewers,  65  119 
Anything  found  obstructing  side- 
walks sold,  67  129 
OMNIBUS. 
Must  be  licensed,  52    65 
Amount  of  license,  52    66 

OFFICERS. 

City  how  elected,  54      5 

How  and  when  removed,  43    89 

Punishment  of  de.inquents,  43    40 

PATROL. 

What  citizens  liable  to  duty,  68  132 

There  shall  be  a  leader,  68  183 
Any  person  refusing  10  do  patrol 

duty  fined,  69  134 

Leader  must  notify  his  company,  69  135 

Duty  after  8}4  o'clock,  p.m.  69  186 
.\iding  prisoner  to  escape  patrol 

punished,  C9  137 
PAUPERS. 

Must  not  be  brought  to  city,  95  267 

Paupe*-  how  treated,  95  268 

Paupers  when  sick,  77  176 
When  convalescent  required  to 

work  streets,  78  178 

13  PEDDLING. 

14  Licensced,  52    65 
PHYSICIAN. 

14  City  physician,  76  171 

15  His  duty,  76  172 

16  He  shall  report  quarterlj',  76  173 
Physicians  must  report  deaths,  81  192 

IS  PISTOI-S 

41  Shall  not  be  discharged  in  streets,  90  236 

"' "    "  96  275 


57 
57 
57 

40 
40 
40 
40 

40 
40 
41 
41 
68  130 

68  133 

69  13s 

70  139 
90  23t; 

66  122 

67  120 
58  90 
83  202 
89  231 
99  287 


44 


75  1 

78  1 


Must  not  be  carried  concealed, 
45    4-)  POLICE. 

What  constitutes,  68  130 

r,i  Duty  of  police,  68  131 

How  appointed  68  130 

PORTER— See  Dav  Laborer. 

POWDER. 

Shall  be  kept  in  magazine  90  287 

78  181  iMnrshal  has  charge  of,  90  238 

PRISON. 
97  278  City  prison  in  custody  of  marshal,    69  188 
Must  be  kei't  clean.  7o  139 

.-)7     8(;|  PRIVY. 

I  Not  to  be  put  on  streets,  79  186 

57     87  River  bluff  not  to  be  used  as  such,  94  264 


108 


INDEX. 


92  250 


W>  270 
<tt;  27  fi 


93  254 
CO  121 


45 

43 

45 

44 

46 

46 

45 

45 

51 

GO 

38     20 


76  175 
82  197 


93  254 


43 
43 


33  1&2 
C8  131 


52     05 


PUBLIC  HOUSES. 

Proprietors  of  must  preserve  order,  93  253 

PUBLIC  PROPERTY 
Shall  not  be  injuried, 

PUNISHMENT. 
For  violation  of  State  Laws, 
City 
PUBLIC  WORSHIP. 
Shall  not  be  disturbed, 

RACING. 
Forbidden  on  streets, 

REAL  ESTATE. 
How  assessed, 

How  assessment  is  advertised, 
Valuation  equal, 
When  valuation  incorrect. 
When  owner  not  known, 

RECORDS. 
Kept  by  city  clerk, 

■      REGISTRY. 
Of  deaths  kept  by  steward  of  hos- 
pital. 
Sexton  shall  keep  registry  of  in- 
terments, 

RELIGIOUS  WORSHIP. 
Shall  not  be  disturbed, 

REMOVAL  OF  OFFICERS 
City  council  can  remove. 
How  removal  is  affected, 
REPEAL 
Of  existins  ordinances, 

RESISTING 
An  officer, 

RESTAURANT. 
Licensed, 

RETAILERS. 
Shall  be  licensed, 
Who  are  retailers, 
To  whom  license  may  issue, 
Retailer  not  to  allow  gambling. 
Not  to  sell  or  give  to  minor, 
Shall  not  sell  or  give  to  slaves, 
What  evidence  necessary, 
Not  to  allow  negroes  to  visit, 
Shall  not  keep  open  on  Sunday, 
Negro  or  mulatto  shall  i.ot  act  as 

FAST  RIDING. 
Forbidden, 

RIOTOUS  CONDUCT. 
Forbidden, 

RIVER. 
Bathing  in  prohibited, 

RIVER  BANK. 
Digging  or  carrying  away  prohi- 
bited, 

SABBATH  BREAKING. 
Prohibited, 
Exceptions. 

^  SCHEDULE. 

The  clerk  shall  make  a  schedule  of 

real  estate. 
Shall  deliver  same  to  the  assessi'g 
committee, 

SEAMSTRESSES— See  Day  Laborers. 

SEWERS. 

Shall  not  be  obstructed,  65  119 

SEXTON. 
Is  appointed  by  council,  81194 

Sexton  shall  dig  all  graves,  82  196 

Depth  of  all  graves,  82  195 


be 


82  196 
82  197 


96  272 
96  273 


96  274 
90  236 


62  105 


62  106 

62  107 

62  107 

64  IIG 

64  111 

64  112 

64  113 

65  116 

65  120 

67  129 

79  186 

52 

65 

55 

74 

55 

75 

55 

70 

5i) 

1 1 

72 

152 

72 

153 

72 

153 

95 

270 

55    76 
06  121 


92  252 

84  200 


84  205 


94  270 
94  271 


45    43 


45    43 


No  person  allowed  to  bury  with- 
out uotice  to  sexton. 
Sexton  shall  record  &c. 

SHADE  TREES. 
Persons  injuring  punished, 
Horses  must  not  be  hitched  to. 
Mock  Orange  trees  must  not 
thrown  on  streets, 

SHOOTING. 
In  the  city  forbidden, 

SIDE-WALK. 
Property  owners  required  to  build,  61  102 
The  width  thereof,  61  102 

Materials  to  be  used  on  paVts  of  wa- 
ter and  broad  streets,  61103 
In  other  parts  of  the  city,  62  104 
Marshal  shall  build  where  owners 

refuse. 
Brick  and  stone  shall  conform  in 

grade. 
Shall  not  be  obstructed. 
Shall  not  have  sales  on, 
Cellar-door  shall  not  be  above. 
Shall  not  erect  steps  on. 
Shall  not  injure  side-walk. 
Vehicle  shall  not  be  stopped  on, 
Ashes,  dirt  or  trash  on. 
Persons  building  may  occupy, 
Anything  found  obstnictiHg  the 

side-walk,  to  be  sold. 
Privy  shall  not  be  near, 
SIGNS. 
Must  not  project  across  side-walk,    63  109 

SIGN-BOARD. 
Must  be  placed  at  corners  of  streets,  61  100 
Shall  not  be  iiyured  or  defaced,        61  101 
Marshal  must  put  them  up,  61  100 

SLAUGHTER  HOUSE. 
Not  allowed  in  corporate  limits. 
Penalty  for  oflending, 

SLAVES. 
Not  to  act  as  clerk. 
Not  allowed  to  be  out  after  &X 

o'clock  p.  M. 
Shall  carry  a  permit. 

Slaves  arraigned  before  city  court,  70  141 
When  Slaves  treated  as  runaway,    70  142 
Using  insulting  language 
Gaming  of  any  kind, 
Gaming  when    white    person  is 
*  present. 
Shall  not  smoke  or  walk  with   a 

cane  on  streets. 
What  is  an  unlawful  assembly  of 

Slaves. 
White  person  present,  punished, 
White  person  about  negro  houses,  71  149 
Negro  shall  not  trespass  upon  pri- 
vate residence. 
White  person  shall  not  trade  with 

slaves, 
Slaves  allowed  to  sell  milk  and 

poultry, 
Selling  liquor  to  slaves. 
What  evidence  is  presumptive  of 

guilt, 
Slave  shall  not  hire  his  time. 
License  granted  to  slave  to  work, 
Negro  shall  not  hire  vehicle, 
Hackman  allowing  negro  to  ride, 
Negro  found  riding  in  hack. 


80  190 
80  191 


55    76 


70  140 
70  140 


70  143 

71  144 

71  14.5 
71  146 

71  147 

71  148 


71  150 
71  151 


72 

151 

72  152 

72 

153 

72 

154 

73 

155 

73 

156 

73 

157 

73  158 

INDEX. 


109 


Resident  free  negroes  shall  report 

themselves, 
Free  negroes  ?hall  give  bond, 
When  Slave  is  convicted. 
Marshal's  tee  for  whipping  negro, 
Negro  not  to  be  buried  in  the  Old 

I'rave  yard, 

SMOKING.         C' 
Slaves  not  allowed  to  smoke  on 

streets. 
No   person  allowed  to  smoke  in 

enclosure  of  ware-hon.se, 

SPIRITUOUS  LIQUORS. 
Sale  of,  licensed, 
Shall  not  be  sold  to  slaves, 
Shallnot  be  sold  or  given  to  minors, 
Must  not  be  sold  on  Snndav, 

STABLES." 
Slaves  not  allowed  to  hire  at, 
STATE  LAWS. 
Punishment  for  violating, 

STEAMBOATS. 
Not  to  be  turned  adrifi, 
City  marshal  to  regulate  lauding 

and  mooring  of. 
Penalty  for  disobeying  marshal. 
Not  to  interfere  with  ferry  landing, 
Not  allow'd  to  land  diseased  persons 

STEPS. 
On  flide-walk  prohipited, 
STOVEi?. 
Dangerous  to  adjoining  property, 

prohibited, 
Marshal  must  inspect  when  dan- 
gerous, 

STREETS. 
Who  liable  to  do  street  dutj', 
Any  person  failing  to  work'streets, 

lined. 
All  streets  and  alleys  public. 
No  person  allowed  to  open  streets 

or  alleys, 
IIow  streets  are  opened  or  extcnd'd, 
Mayor  shall  summon  jury, 
IIow  jury  are  impaunelled, 
Jury  shall  assess  damages. 
Persons  refusing  to  act  as  juror. 
Signboards   shall   be   placed  on 

streets, 
Varandahs, 

Signs  must  not  project. 
Vehicles  must  not  obstruct, 
No  person  must  Encroach  upon, 
Filtn  must  not  be  thrown  in, 
Dirt  must  not  be  thrown  in, 
Persons  building  may  use. 
Fast  riding  through  streets, 
I/orse  not  allowed  to  run  in, 
When  anything  found  obstructing, 
Dig'ing  or  carryi'g  awav  prohibit'd. 
Camps  on  streets,  prohibited. 
Drunkenness  on  streets. 
Indecency  on  streets, 
Mock  Orange  on  streets, 

TAVERNS. 
Shall  be  licensed. 
Proprietors  shall  keep  order, 

TAXES. 
Annual  valuation  of  real  estate, 
Scheduale  of  real  estate. 
Mayor  shall  give  notice  ol  val'ation, 


82  19P 


71 

UR 

ill) 

•2"5 

55 
05 

r.5 

^-- 
1  1 

270 

73 

156 

90 

276 

S.3 

201 

8n 

S3 
,70 

202 
203 
201 
185 

r,i  111 


89 

234 

00 

234 

50 

01 

59 

92 

59 

93 

50 

01 

60 

0."i 

(;o 

06 

60 

97 

60 

08 

61 

00 

61 

100 

63 

100 

63 

100 

64  114 

65 

115 

65 

116 

65 

118 

65 

120 

66 

ir.i 

66 

122 

67 

129 

84 

206 

'•'2 

248 

*'o 

ii;>;t 

04 

265 

06 

274 

52 

65 

03 

253 

45 

4.". 

45 

4.3 

45 

44 

44 
46 


40 


Objections  to  valuation  heard,  46 

Valuation  shall  be  equal,  46 

Valuation  certified  by  Mayor  and 

city  clerk,  47 

City  "clerk  assesses  person'l  prop.ty  47 
Shall  notify  all  persous  to  tile 

schedule. 
Schedule  when  not  tiled. 
Clerk  shall  receive  fee  when  sched 

dule  not  filed, 
When  schedule  is  complete. 
When  schedule  must  be  made. 
Council  meeting  afier  assessment,    48 
Mayor  must  state  revenue  needed,  48 
Clerk  must  make  schedule  of  ag- 

aggregate   amount  of  taxable 

piopei'tv. 
Half  taxes  due,  20th  Jan.  &  Dec. 
When  taxes  arc  not  paid, 
How  execution  levied. 
When  personal  property  not  found,  50 
Notice  of  sale. 
Tax  year. 

Clerk  administers  oath. 
Clerk  allowed  fee  for  execution, 
TEN  PIN  ALLEY. 
Must  be  licensed. 
Amount  of  license, 

THEATER. 
Must  be  licensed. 
Amount  of  license, 

TREASURER. 
How  elected, 
Bond  of. 

Treasurer's  salary. 
Shall  keep  all  moneys 
How  he  shall  pay  out. 
Shall  preserve  all  books, 

TOMBSTONES. 
Persons  injuring  punished, 

TREES. 
In  cemetery  not  to  be  injured, 
Mock  Orange,  ^. 

Injuring  shade  tree, 
Hitching  horse  to, 

UNLAWFUI^ASSEMBLY 
What  is  unlawful  a^embly, 
White  or  free  jjcrson  at, 

VAGRANTS. 
In  citv  taken  up, 

VEHICLES. 
Lincensed, 
Amount  of  license. 
Must  be  numbered, 

VOTERS. 
Who  allowed  to  vote, 
Must  pay  poll  and  street  tax. 
Illegal  voter.s  punished, 
WASHERWOMEN  A  SEAMSTRESSES. 
See  Daj  Laooiers. 

WAGONS. 
Licensed,  52    05 

What  is  aload,  54    71 

WEAPONS-CONCEALED. 
Must  not  be  carried.  96  275 

WEIGHTS  AND  MEASURES. 
Rcgulation.s  of,  57    88 

What  shall  be  standard  of,  57    86 

Penalties  for  selling  by  other 

standards,  57    87 

Penalty  for  using  false,  58    8S 


47 

49 

47 

50 

47  551 

48 

52 

48 

53 

48 

54 

48 

54 

40 

55 

40 

50 

50 

57 

50 

58 

50 

59 

51 

60 

,'1 

62 

51 

03 

51 

64 

52 

65 

52 

en 

52 

65 

52 

66 

39 

25 

36 

25 

39 

25 

39 

26 

39 

26 

40 

27 

83 

200 

83 

200 

96 

274 

96 

272 

96 

203 

71 

147 

71 

148 

95 

268 

52 

65 

52 

60 

53 

70 

35 

7 

35 

7 

36 

12 

110 


INDEX. 


Shall  be  tested, 

WITNESSES. 
Marshal  shall  summon, 
Defaulting  witnesses  punished, 


68    90 


9S  284 
98  285 


WOODEN  BUILDING. 

Shall  not  be  erected  in  fire  limits,    88  228 
Shall  not  be  moved  in  fire  limits,     88  228 

WORSHIP. 
Shall  not  be  disturbed,  93  254 


^FFEKTIDi::^. 


(The  act  published  below  was  passed  after  the  Charter,  Amendments 
and  Code  were  printed. — L.) 


^N  A.CT 


To  amend  An  Act,  amendatory  of  the  Charter  of 
the  City  of  Selma. 

Section  1 .  Be  it  eiicbcted  hy  the  Senate  and  House  of 
Jiepresentatides  of  the  Stateqf  Alahamain  General 
Assemhly  convened — 

That  the  Act,  entitled  "  An  Act  to  amend  the 
Charter  of  the  City  of  Sehna,"  approved  Fehruary 
24th,  1S60,  be  and  the  same  is  hereby  altered  and 
amended  as  hereinafter  specified  and  enacted. 

Sec.  2.  A?id  be  it  further  enacted,  That  any  free-    Appeal 
holder  of  tlie  City  of  Selma,  who  may  be  dissatisfied  nienutf  Re- 
with  the  valuation  of  real  estate  in  said  City,  made  foN^ed^'^  "''• 
by  the  Assessor  of  Taxes  in  said  City,  may  refer  the 
said  valuation  of  his  real  estate  to  three  freeholders  how's^eiect^ 
of  said  City,  who  are  not  Councilmen,  one   of  said®*^- 
freeholders  to  be  selected  by  the  person   dissatisfied 
with  the  valuation  made  by  tlie  City  Assessor,  another 
of  said  freeholders  to  be  selected  by  the  Mayor  of 
said  City,  and  the  third  freeholder  to  be  chosen  by  Their decis- 
tlie  two  freeholders  first  selected,  and   the  decision '""^ ''"*'■ 
of  the    said    three    freeholders,   shall    be    the  true 
vaUiation  of  the  real  estate  so  submitted  to  them, 
and  upon  the  said  valuation  the  City  Taxes  shall  be 
assessed:  Provided,  the  person  dissatisfied  with  the  Proviso, 
valuation  of  liis  said  real  estate,  as  returned   in  the 
schedule  and  valuation  made  by  the  person  appointed 
by  the  City  Council,  sliall  give  to  the  Mayor  of  said 
City  written  notice  of  liis  dissatisfaction,  and  tlie  name 
of  the  referee  chosen  by  him,  within  ton  days  after 
ub  lication  of  the  returns  to  the  City  Clerk's  office, 


112  APPENDIX. 

of  said  schedule  and  valuation,  and  upon  the  recep- 
tion of  said  notice,  by  the  said  Mayor,  he,  the  said 
Mayor  shall  designate  some  person  as  above  set  forth^ 
and  these  two  so  selected  and  designated  shall  select 
a  third  person,  and  proceed  within  ten  days  from  the 
date  of  their  selection  to  hear  the  case,  and  immedi- 
ately after  the  valuation  of  the  said  real  estate  refer- 
red to  them,  is  made  and  determined  by  them,  they 
shall  give  notice  of  the  same  to  the  Mayor  as  afore- 
said. 
Mayor  and     gp^^.  3.  Andlc  it  further  enacted.  That  at  the  ex- 

Couneilmen  '^  i  .    i       i       ti  r  a    n\ 

to  be  elect-  piratiou  of  the  term  for  which  the  Mayor  and  bom- 

edanniiallv.  J-  "^  - 

mon  Councilmen  of  the  City  of  Selma  are  elected,  the 
Mayor  and  Councilmen  of  said  City  shall  be  elected 
for  one  year,  and  shall  hold  their  offices  for  one  year, 
or  until  the  election  and  qualification  of  their  suc- 
cessors, and  the  elections  for  Mayor  and  Councilmen, 
shall  at  the  expiration  of  the  terms  of  the  present  in- 
cumbents be  made  annually  instead  of  biannually  as 
heretofore. 
ae^tlln  con-  Sec.  4.  And  1)6  it  furthev  enacted,  That  so  much 
bovepi-ovis-  of  "  An  Act  to  incorporate  the  City  of  Selma,"  ap- 
proved February  6tli,  1858,  and  of  an  Act  to  amend 
the  charter  of  the  said  City  of  Selma,  approved  Feb'y 
24th,  1860,  as  is  in  conflict  with  the  provisions  of  this 
act,  be  and  the  same  is  hereby  repealed. 
Approved,  December  3d,  1861. 


ERRATA. 


On  page  53, 4tli  line  from  top,  insert  the  word  "other"  after  "every." 
On  page  53,  sec.  67,  read  "annual"  for  "animal." 
On  page  91,  sec.  245  omit  "241." 


X 


^ 


^4 


